Question

Which one among the following was eliminated by the 44th Amendment Act of the Parliament?
1. Right against Exploitation
2. Right to Constitutional Remedies
3. Right to Property
4. Right to Education

Answer 1

Correct Answer - Option 3 : Right to Property

The correct answer is the 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.

• Right against exploitation is prescribed as a fundamental right of the individuals under Article 23 of the Indian Constitution. It protects both the citizens and the non-citizens against exploitation.
• Article 32 is known as the “spirit of the constitution and exceptionally heart of it” by Dr. Ambedkar.
  • Preeminent Court has included it in fundamental structure regulation. Further, it is clarified that the privilege to move to Supreme Court can’t be suspended except for generally given by the Constitution.
• On December 12, 2002, the president of India assented to the Constitution (86 Amendment) Act, 2002, which makes education a “Fundamental Right” for those between the ages of six and fourteen.