Prelims 2021

Q. What is the position of the Right to Property in India?

a) Legal right available to citizens only
b) Legal right available to any person
c) Fundamental Right available to citizens only
d) Neither Fundamental Right nor legal right

Correct Answer: b) Legal right available to any person

Question from UPSC Prelims 2021 GS Paper

Explanation : 

Right to Property in India

The Right to Property in India has undergone significant changes since the original Constitution came into effect in 1950. Initially, the Right to Property was a Fundamental Right guaranteed under Article 31 of the Indian Constitution. However, this position changed with the 44th Amendment to the Constitution in 1978.

As of the 44th Amendment, the Right to Property ceased to be a Fundamental Right and was instead transformed into a legal right. This change was reflected in Article 300A of the Indian Constitution, which states:

“No person shall be deprived of his property save by authority of law.”

This means that the Right to Property is now recognized as a constitutional right, but it is not part of the Fundamental Rights enshrined in Part III of the Constitution. Instead, it is a legal right available to any person, not just citizens of India, and it provides that no person can be deprived of their property except by the authority of a law that is just, fair, and reasonable.

The significance of this change is that while the Right to Property is still protected, the remedy for its violation is different. Under the Fundamental Rights, a person could directly approach the Supreme Court of India for the enforcement of their rights. However, as a legal right, a person must now seek remedy through the High Court under Article 226 of the Constitution or through lower courts, and the process is governed by the respective laws and procedures applicable to property disputes.

Therefore, the correct position of the Right to Property in India is that it is a legal right available to any person, whether a citizen or not, and is protected by the Constitution under Article 300A.

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