Question

What kind or right is Right to Property?
1. Fundamental right
2. Legal right 
3. ​Right to Freedom
4. Special right

Answer 1

Correct Answer - Option 2 : Legal right 

The Correct answer is Legal right.

• Right to Property:
  • The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.
  • It is made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are only six Fundamental Rights.
  • Article 19 provided to all citizens the right to acquire, hold, and dispose of the property whereas Article 31 provides that "no person shall be deprived of his property save by authority of law."
  • Later, in 44thAmendment of 1978 deleted the right to property from the list of fundamental rights.
  • Hence, the right to property is no longer a fundamental right, however, it is still a constitutional right.​​

• Fundamental Rights:
  • Presently there are 6 fundamental rights.
  • Supreme Court is the custodian or protector of fundamental rights.
  • It was borrowed from U.S.Constitution.
  • Articles:
    •   Right to equality (14 - 18)
    • Right to freedom (19 - 22)
    • Right against exploitation (23 - 24)
    • Right to freedom of religion(25 - 28)
    • Cultural and educational rights (29 - 30)
    • Right to constitutional remedies (32)