Question

Which one is not a fundamental right?

• A. Right to Freedom of Assembly
• B. Right to Property
• C. Right to equality
• D. Right to freedom of speech and Expression

Hint:

The removal of the Right to Property from Fundamental Rights by the 44th Amendment is a landmark event in Indian constitutional history and a very frequently asked question in competitive exams. Remember the amendment year (1978) and the new article (300-A).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify which of the given options is no longer a Fundamental Right under the Constitution of India.

Step 2: Detailed Explanation:
Fundamental Rights are enshrined in Part III of the Constitution of India (Articles 12 to 35).
- (A) Right to Freedom of Assembly: This is a Fundamental Right guaranteed under Article 19(1)(b).
- (C) Right to equality: This is a Fundamental Right guaranteed under Articles 14 to 18.
- (D) Right to freedom of speech and Expression: This is a Fundamental Right guaranteed under Article 19(1)(a).
- (B) Right to Property: This was originally a Fundamental Right under Article 19(1)(f) and Article 31. However, the 44th Amendment Act, 1978, removed the Right to Property from the list of Fundamental Rights. It was made a constitutional/legal right under Article 300-A in Part XII of the Constitution. This means the state can deprive a person of their property but only by the authority of law. It is no longer a 'fundamental' right.

Step 3: Final Answer:
The Right to Property is not a Fundamental Right; it is a constitutional right.