Under which one of the following Articles of the Constitution of India

Under which one of the following Articles of the Constitution of India is the right to property a constitutional right?

Article 41

Article 300A

Article 19

Article 38

Answer is Right!

Answer is Wrong!

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UPSC CBI DSP LDCE – 2023

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Initially, the right to property was a fundamental right under Article 19(1)(f) (freedom to acquire, hold, and dispose of property) and Article 31 (compulsory acquisition of property). The 44th Amendment Act, 1978, repealed Article 19(1)(f) and Article 31 from the list of fundamental rights. It inserted Article 300A in Part XII of the Constitution, which states that “no person shall be deprived of his property save by authority of law.” This made the right to property a constitutional right (or a legal right), but not a fundamental right.

The 44th Amendment Act, 1978, changed the status of the right to property from a fundamental right to a constitutional/legal right.

Article 41 is a Directive Principle of State Policy related to the right to work, education, and public assistance. Article 19 lists the fundamental rights regarding freedom (such as speech, assembly, etc.), which originally included property but no longer does. Article 38 is a Directive Principle related to the State securing a social order for the promotion of the welfare of the people.

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