Question

The Fundamental Right to _______ has been deleted by _______ amendment act
(A) Form Association; 44^th
(B) Property; 44^th
(C) Against exploitation; 42nd
(D) Private property; 42nd

Answer 1

Hint: The doctrine of Adverse Possession:
(A) It is a legal doctrine that requires a person who, for an extended period, owns or lives on someone else's property to claim legal rights to that property.
(B) In India, a person who is not the original owner of the property becomes the owner of the property due to the fact that he has been in possession of the property for a period of at least 12 years in which the actual owner does not take legal redress to evict him.

Complete answer:
In 1967, when the government forcibly took over the land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.
1. With the 44th Amendment to the Constitution in 1978, the property right ceased to be a constitutional right.
2. SC stated that the right to property is both a human right and a constitutional right –the latter added Article 300A of the constitution.
3. The 44th constitutional amendment act, 1978 inserts article 300-A.
4. Article 300A states that – No person shall be deprived of his property save by the authority of law.

Option (B.) Property; 44th is the correct option.

Note
1. Recently, the Supreme Court has ruled that the right of a person to own private property is a human right.
2. The case was of an 80-year-old woman whose land of 3.34 hectares was forcefully seized by the government of Himachal Pradesh in 1967 to create a road.
3. In compliance with Article 136 and Article 142 of the Constitution, the Court used its extraordinary jurisdiction to order the government to pay compensation of 1 crore rupees to women.