Which one among the following was eliminated by the 44th Amendment Act

Which one among the following was eliminated by the 44th Amendment Act of the Parliament ?

[amp_mcq option1=”Right against Exploitation” option2=”Right to Constitutional Remedies” option3=”Right to Property” option4=”Right to Education” correct=”option3″]

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UPSC CDS-1 – 2021

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The Right to Property was eliminated from the list of Fundamental Rights by the 44th Amendment Act of the Parliament.

– The 44th Amendment Act, 1978 repealed Articles 19(1)(f) and 31, which guaranteed the Right to Acquire, Hold and Dispose of Property and Right to Property, respectively, as Fundamental Rights.
– Instead, the Act 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 legal right, not a Fundamental Right.

The other rights mentioned: Right against Exploitation (Articles 23-24) and Right to Constitutional Remedies (Article 32) remain Fundamental Rights. The Right to Education (Article 21A) was added as a Fundamental Right much later by the 86th Amendment Act, 2002. The removal of the Right to Property as a Fundamental Right was a significant constitutional change, primarily aimed at facilitating land reforms and social welfare legislation without excessive judicial challenge on the grounds of violating a fundamental right.

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