Question

Which of the following statements are incorrect?
1. The Right to Private Property was removed from the Constitution by the 42nd Amendment.
2. The Right to Private Property which was granted by the original Constitution has been made more sacrosanct by the 44th amendment.
3. The Right to Private Property was never a Fundamental Right under the Indian Constitution.
4. The Right to Private Property was granted by the original Constitution but it has since been removed from the list of Fundamental Rights.
Select the correct answer using the codes given:
A) 1,2 and 3
B) 2,3 and 4
C) 1,3 and 4
D) 1 and 3

Answer 1

Hint: The fundamental rights are the most basic and inalienable rights which are granted to every Indian citizen through Part III (Article 19-32) of the constitution. These laws are so powerful that even the Parliament of India can’t take these Rights away.

Complete answer:
Let us analyze the given statements:
Statement 1) The 42nd amendment made changes to the Preamble, the seventh schedule and 53 articles of the Constitution. The Right to Private Property was removed from the list of fundamental rights in the Constitution by the 44th amendment. Hence, this statement is incorrect.
Statement 2) 44th Amendment made the Right to Private Property a legal right that can be created and interpreted by law from case to case basis, unlike fundamental rights. It made the right more challenging, therefore, this statement is incorrect.
Statement 3) The right to property was initially present in the Indian constitution under part III: Fundamental right, Article 31. Several Amendments were made to Article 31 and eventually it was abolished from the Constitution by the 44th Amendment Act, 1978. Hence, this statement is incorrect.
Statement 4) The 44th amendment to the Indian constitution in 1978 deprived The Right to Private Property of its Fundamental rights status but made it a legal right. Hence, this statement is correct.

Here statements 1,2 and 3 are incorrect, thus the correct answer is Option A.

Note: Fundamental right to property in India was removed to facilitate laws that permit the reorganisation of land. It was also done to facilitate the acquisition of land for developmental projects. The Indian government, at that time, was not rich enough to pay people whatever they demanded their land.