Question:

Which of the following is not a fundamental right in India?

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Remember: Right to property is now a constitutional/legal right, not a fundamental right, after 1978.
Updated On: Aug 12, 2025
  • right to form association
  • freedom of religion
  • right to property
  • right to move throughout the territory of India
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The Correct Option is C

Solution and Explanation

Originally, the right to property was a fundamental right under Article 31 of the Indian Constitution.
However, the 44th Constitutional Amendment Act of 1978 removed it from the list of fundamental rights and made it a legal right under Article 300A.
Fundamental rights in India include rights such as the right to equality, freedom of speech, freedom of religion, cultural and educational rights, and the right to constitutional remedies.
Option (a) right to form association is protected under Article 19(1)(c).
Option (b) freedom of religion is guaranteed under Articles 25–28.
Option (d) right to move freely throughout the territory of India is protected under Article 19(1)(d).
Thus, after the 44th Amendment, only option (c) is no longer a fundamental right.
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