Question

When was the right to property made a legal right?

• A. In 1976
• B. In 1978
• C. In 1980
• D. In 1991

Hint:

Associate the 44th Amendment (1978) with the Janata Party government and the removal of the Right to Property as a Fundamental Right. Contrast this with the 42nd Amendment (1976) by the Congress government, which made widespread changes.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks for the year when the Right to Property was changed from a Fundamental Right to a legal right.
Step 2: Key Concept:
Originally, the Right to Property was a Fundamental Right under Article 19(1)(f) and Article 31 of the Constitution. It was removed from the list of Fundamental Rights by a constitutional amendment.
Step 3: Detailed Explanation:
The 44th Constitutional Amendment Act of 1978, enacted by the Janata Party government, made significant changes to the Constitution.
One of the key changes was the removal of the Right to Property from Part III (Fundamental Rights).
The amendment abolished Article 19(1)(f) and Article 31. Instead, it inserted a new article, Article 300-A, in Part XII of the Constitution.
Article 300-A states that "No person shall be deprived of his property save by authority of law." This made the Right to Property a legal right or a constitutional right, but not a Fundamental Right. This means it can be regulated by an ordinary law of the parliament, and a citizen cannot directly move the Supreme Court under Article 32 for its violation.
Step 4: Final Answer
The right to property was made a legal right in 1978 by the 44th Amendment Act.