Question

Which of the following fundamental right is deleted from the Indian Constitution by the 44^th amendment act?
1. Right to speak
2. Right against exploitation
3. Right to vote
4. Right to property

Answer 1

Correct Answer - Option 4 : Right to property

The correct answer is Right to property.

• In 1978, the Constitution (44th) Amendment Act was passed by the then-ruling Janata Party, repealing the right to property accorded to every citizen in Article 19(1)(f) and Article 31.
• The fundamental right consequently became a mere legal right that could not be challenged in the courts based on constitutional law.

 

• 44 Amendment Act, 1978:
  • Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
  • Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
  • Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
  • Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
  • Made the President declare a national emergency only on the written recommendation of the cabinet.
  • Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.

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• The Fundamental Rights are envisaged in Part III (Articles 12 to 35) of the Indian Constitution. 
  • Classification of fundamental rights:-
    • Right to Equality (Article 14- 18)
    • Right to Freedom (article 19- 22)
    • Right against Exploitation (article 23- 24)
    • Right to Freedom of Religion (Article 25- 28)
    • Cultural and Educational Rights (article 29- 30)
    • Right to constitutional remedies (Article 32)
• Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18.