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: Option B
Explanation
1. The Right to Property was originally included as a Fundamental Right under Article 19(1)(f) and Article 31 of the Indian Constitution.
2. However, the 44th Constitutional Amendment Act, 1978, removed the Right to Property from the list of Fundamental Rights.
3. The same amendment inserted a new article, Article 300-A, under the heading 'Right to Property' in Part XII of the Constitution.
4. Article 300-A states: "No person shall be deprived of his property save by authority of law."
5. This means the Right to Property is no longer a Fundamental Right but is still a constitutional right or a legal right.
6. The use of the word 'person' in Article 300-A signifies that this legal right is available to any person, including citizens and non-citizens (like corporations), not just citizens only.
Therefore, the current position is that it is a legal right available to any person.