What is the position of the Right to Property in India?
ALegal right available to citizens only
BLegal right available to any person
CFundamental Right available to citizens only
DNeither Fundamental Right nor legal right
Answer & Solution
Correct answer: B. Legal right available to any person
Answer: B. The RIGHT TO PROPERTY is a LEGAL RIGHT available to ANY PERSON.
UNDER THE ORIGINAL 1950 CONSTITUTION:
- Right to property was a FUNDAMENTAL RIGHT under ARTICLE 19(1)(f) — right to acquire, hold and dispose of property — and ARTICLE 31 — protection against deprivation of property without compensation.
- This led to constant friction with land reforms, nationalisation, and socialist legislation. Numerous court battles ensued (Kameshwar Singh, Bela Banerjee, Golak Nath etc.).
THE 44TH CONSTITUTIONAL AMENDMENT ACT, 1978 (under Janata Government, Morarji Desai):
- REMOVED Article 19(1)(f) and Article 31 from PART III (Fundamental Rights).
- INSERTED A NEW ARTICLE 300A in PART XII: 'No person shall be deprived of his property save by authority of law.'
CURRENT STATUS OF RIGHT TO PROPERTY:
- It is now a CONSTITUTIONAL LEGAL RIGHT (not a fundamental right) under ARTICLE 300A.
- It is AVAILABLE TO 'ANY PERSON' (not just citizens) — the word 'person' includes both citizens and non-citizens, and also legal persons (companies, trusts). Foreign nationals and entities also enjoy this protection.
- DEPRIVATION must be by authority of LAW; the law must be valid and the procedure followed.
- Enforcement is through ordinary courts/writs to High Courts under Article 226 (no direct Article 32 to Supreme Court since it is not a fundamental right).
So Option B captures it correctly: LEGAL RIGHT, available to ANY PERSON.
Why other options are WRONG:
(A) 'Citizens only' — wrong; Article 300A says 'no person', not 'no citizen'.
(C) 'Fundamental Right available to citizens only' — wrong; it stopped being a fundamental right after the 44th Amendment 1978.
(D) 'Neither Fundamental Right nor legal right' — wrong; it is a constitutionally protected LEGAL RIGHT.
Source: Constitution of India Article 300A / 44th Constitutional Amendment Act 1978 / Maneka Gandhi vs Union of India (1978).
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