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Which of the following constitutional amendment abolished the right to property as a fundamental right?
  • a)
    39th Constitutional Amendment
  • b)
    42nd Constitutional Amendment
  • c)
    44th Constitutional Amendment
  • d)
    52nd Constitutional Amendment
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Which of the following constitutional amendment abolished the right to...
Right to property:
  • Originally, the right to property was one of the seven fundamental rights under Part III of the Constitution.
  • It was dealt with by Article 19(1)(f) and Article 31.
  • Article 19(1)(f) guaranteed to every citizen the right to acquire, hold and dispose of the property.
  • Article 31, on the other hand, guaranteed to every person, whether citizen or non-citizen, the right against deprivation of his property.
  • It provided that no person shall be deprived of his property except by authority of law.
  • It empowered the State to acquire or requisition the property of a person on two conditions: (a) it should be for a public purpose, and (b) it should provide for payment of compensation (amount) to the owner.
  • Therefore, the 44th Amendment Act of 1978 abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31 from Part III.
  • Instead, the Act inserted a new Article 300A in Part XII under the heading ‘Right to Property.
  • It provides that no person shall be deprived of his property except by authority of law. Thus, the right to property still remains a legal right or a constitutional right, though no longer a fundamental right.
  • It is not a part of the basic structure of the Constitution.
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Which of the following constitutional amendment abolished the right to property as a fundamental right?a)39th Constitutional Amendmentb)42nd Constitutional Amendmentc)44th Constitutional Amendmentd)52nd Constitutional AmendmentCorrect answer is option 'C'. Can you explain this answer?
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