Question

Right to property was omitted from Indian Constitution by
1. 71^st Amendment Act
2. 44^th Amendment Act.
3. 40^th Amendment Act
4. 86^th Amendment Act

Answer 1

Correct Answer - Option 2 : 44^th Amendment Act.

The correct answer is 44^th Amendment Act.

 

• 44th Amendment Constitutional amendment deleted the right to property from Chapter 3 and made it a legal right only.
  • In the year 1977, with the enactment of the 44th amendment the right to acquire, hold, and dispose of the property was a fundamental right.  
  • The result is that the right to property as a fundamental right is now substituted as a statutory right.
• The Constitution (40th Amendment) Act, 1976
  • Empowered the Parliament to specify from time to time the limits of the territorial waters, the continental shelf, the Exclusive Economic Zone (EEZ), and the maritime zones of India
• 86th Constitutional Amendment Act (2002)
  • Bring alteration and modification in Article 45 and substituted as the state shall endeavour to assure early childhood care and free and compulsory education for all children until they complete the age of 6 years.
• The 42nd Amendment changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

• The right to property is one of the most controversial human rights both in terms of its existence and interpretation.
  • The Constitution originally provided for the right to property under Articles 19 and 31.
    • Article 19 provides the right of all citizens to acquire, hold and dispose of the property.
    • Article 31 provides that "No person shall be deprived of his property except by authority of law."
  • It has also been provided that compensation shall be paid to the person whose property is taken for public purposes.
    • The 44th Amendment of 1978 removed the right to property from the list of fundamental rights.
  • A new provision, Article 300-A, was added to the Constitution, which provided that "no person shall be deprived of his property except by authority of law".
  • The article protects a person from the interference of the State and eviction of a person of property unless it is in accordance with the procedure established by law.