Apedia Logo Apedia
Join

Choose Language

Select your preferred reading language
🇬🇧
English
✔
🇮🇳
हिन्दी
✔
✕
Full View
Polity
Fundamental Rights
EN हिंदी
✕
UPSC Prelims 2021 Paper-1 📅 10 Oct, 2021

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
Result Summary
Logo

APEDIA

UPSC Prelims
2021 • 10 Oct, 2021 • Paper-1
What is the position of the Right to Property in India?
Correct Answer
Legal right available to any person
Historical Shift: The Right to Property was originally a Fundamental Right guaranteed under Article 19(1)(f) and Article 31. However, to facilitate unhindered s......
Ref/Book : UPSC Prelims 2021
Ref. Subject Polity
Chapter -
Ref. Topic Fundamental Rights
Pg. No -
💡 Analysis & Explanation
Historical Shift ▼
The Right to Property was originally a Fundamental Right guaranteed under Article 19(1)(f) and Article 31. However, to facilitate unhindered socialistic land reforms, the 44th Constitutional Amendment Act of 1978 permanently deleted it from the list of Fundamental Rights.
Current Constitutional Status ▼
Following the amendment, a new provision, Article 300A, was inserted in Part XII of the Constitution. It bluntly states: "No person shall be deprived of his property save by authority of law."
Scope of Applicability ▼
By using the term "person" rather than "citizen," the Constitution makes it explicitly clear that this safeguard protects the assets of both Indian citizens and non-citizens (foreigners or corporations) from arbitrary executive expropriation, establishing it purely as a constitutional/legal right.
Conclusion ▼
It operates strictly as a universal legal right shielding any person against arbitrary state seizure.
← Prev
92 / 100
Next →