Which amendment of Indian Constitution removed the right to property from the list of fundamental rights?
Correct Answer :
44th
Solution :
The correct option is 44th.
Step-by-Step Explanation:
1. Original Constitutional Position: Initially, the Constitution of India, adopted in 1949, recognized the "Right to Property" as a Fundamental Right under Article 19(1)(f) and Article 31. This guaranteed every citizen the right to acquire, hold, and dispose of property.
2. The Conflict and Need for Change: In the years following independence, the Indian government sought to implement land reforms and social welfare measures. These measures often clashed with the private Right to Property, leading to numerous legal battles and challenges to state land acquisitions in the courts.
3. The 44th Amendment Act, 1978: To resolve these conflicts and facilitate land reforms, the Janata Party government introduced the 44th Constitutional Amendment Act in 1978. This amendment deleted the Right to Property from the list of Fundamental Rights (repealing Article 19(1)(f) and Article 31).
4. Current Legal Status: Instead of being a Fundamental Right, the Right to Property was made a legal/constitutional right. A new Article, Article 300A, was inserted into Part XII of the Constitution. It states: "No person shall be deprived of his property save by authority of law." This means that while citizens can still own property and the state cannot arbitrarily seize it without legal procedure, they can no longer approach the Supreme Court directly under Article 32 for its enforcement as a Fundamental Right.
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