Question

Right to freedom to acquire, hold and dispose -off property is abolished by

• A. 44th Amendment Act, 1978
• B. 43rd Amendment Act, 1976
• C. 50th Amendment Act, 1950
• D. Ist Amendment Act, 1951

Hint:

The 42nd and 44th Amendments are two of the most important amendments to the Indian Constitution. It's crucial to remember the key changes brought by each. The 44th Amendment (by the Janata Party government) is often remembered for reversing some of the more controversial aspects of the 42nd Amendment (enacted during the Emergency).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The right to property was originally a Fundamental Right under the Constitution of India. However, its status was changed through a constitutional amendment.
Step 2: Detailed Explanation:
Initially, the Constitution guaranteed the right to property under two articles:
1. Article 19(1)(f): The right of citizens "to acquire, hold and dispose of property".
2. Article 31: Protection against deprivation of property save by authority of law.
The 44th Amendment Act, 1978, made significant changes to this position.
- It repealed Article 19(1)(f) and Article 31 from Part III (Fundamental Rights) of the Constitution.
- It inserted a new article, Article 300-A, in Part XII of the Constitution.
Article 300-A states: "No person shall be deprived of his property save by authority of law."
As a result, the right to property is no longer a Fundamental Right but has become a constitutional/legal right. This means that while a person can seek a remedy for its violation, they cannot directly approach the Supreme Court under Article 32 as they can for Fundamental Rights.