Question 16 from UPSC CSE 2021 - Polity & Governance

Question

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

Accepted Answer

Correct Option: B. Legal right available to any person

Strategy: Focus on the phrase 'Right to Property.' Recall that after the 44th Amendment, it ceased to be a Fundamental Right and became a legal right under Article 300A, which uses 'no person,' not just citizens. This removes options limiting it only to citizens. Since it is a legal/constitutional right available to any person, not just citizens, option B is selected. Option D is ruled out as Article 300A specifically provides this protection as a legal right, not merely an ordinary statutory right.

Key Info: The Right to Property in India was originally a Fundamental Right under Article 31 and Article 19(1)(f) of the Constitution. The 44th Constitutional Amendment Act, 1978, removed it from Part III (Fundamental Rights) and inserted **Article 300A** in Part XII, making it a constitutional legal right.

**Article 300A** states, 'No person shall be deprived of his property save by authority of law.' This provision applies to any person—citizens or non-citizens—ensuring protection from arbitrary deprivation of property except via a valid legal process.

The change means judicial remedies for property rights are now available under ordinary law, not directly through the Supreme Court under Article 32. The State can acquire property for public purposes, observing due procedure under relevant laws such as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Examples include cases where the government acquires land for infrastructure, but compensation and procedure are mandated by law. The Right to Property, while no longer fundamental, remains a significant constitutional provision.

Answer

Option A: Legal right available to citizens only

Answer

Option C: Fundamental Right available to citizens only

Answer

Option D: Neither Fundamental Right nor legal right