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

By BYJU'S Exam Prep

Updated on: September 25th, 2023

  1. Legal rights available to citizens only
  2. Legal rights available to any person
  3. Fundamental Rights available, to citizens only
  4. Neither Fundamental Rights nor legal rights

The legal right available to any person is the position Right to Property in India. The 44th Amendment Act of 1978 removed the position of the right to property as a “fundamental right” by inserting Article 300A into a new chapter IV of Part XII of the Constitution.

Right to Property

  • The 44thAmendment Act of 1978 removed the property right from the list of Fundamental Rights. In Part XII of the Constitution, Article 300-A establishes it as a legal right.
  • It is not a privilege granted only to citizens. As a result, Choice 2 is right.
  • Article 19 is modified for this reason, and article 31 is removed.
  • It is ensured that the right of minorities to found and run educational institutions of their choosing will not be impacted by the removal of property from the list of fundamental rights.
  • According to Article 300 A of the Indian Constitution, only a bill passed by the Lok Sabha has the ability to take away someone’s property.

Summary:

What is the position of the Right to Property in India? (a) Legal rights available to citizens only (b) Legal rights available to any person (c) Fundamental Rights available, to citizens only (d) Neither Fundamental Rights nor legal rights

The status of the Right to Property in India is that it is a legal right that is open to anybody. In article 300 A of the Constitution of India, the bill which is passed by Lok Sabha contains the ability to take others’ property.

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