Which one of the following is not a Fundamental Right?
Option A: Right to Freedom
Option B: Right to Property
Option C: Right to Equality
Option D: Right to Religion
Answer
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Hint: This can be answered by knowing which rights are present in Part 3 of the Constitution which deals with Fundamental Rights. The rights which are not present in Part 3 are either called as Other Constitutional rights or Legal rights.
Complete answer: Articles 12 to 35 of Part III of the Constitution contains Fundamental Rights. Part III of the constitution is called the Magna Carta of India. The Fundamental Rights are guaranteed to all the persons without any discrimination. Originally, there were seven Fundamental Rights in the Constitution and these are given as- Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights,Right to Property, Right to constitutional remedies. The Right to property was deleted from Fundamental Rights by the 44th Amendment Act 1978 and was made a legal right under Article 300-A in Part XII of the Constitution.
Option A: Right to Freedom falls under Articles 19-22 of Part III which is a Fundamental Right. Hence this is an incorrect answer.
Option B: Right to Property was deleted from Fundamental Rights by the 44th Constitutional Amendment. Hence this is not a Fundamental Right. This is the correct answer.
Option C: Right to Equality falls under Articles 14-18 of Part III which is a Fundamental Right. This is an incorrect answer.
Option D: Articles 25-28 of Part III contains the Right to freedom of Religion which is a Fundamental Right. This is an incorrect answer.
Hence, Option B is the correct answer because Right to Property has been removed from Fundamental Rights.
Note: Right to Property was repealed from the list of Fundamental Rights. This should be noted that it is a legal right & constitutional right but not a Fundamental Right.
Complete answer: Articles 12 to 35 of Part III of the Constitution contains Fundamental Rights. Part III of the constitution is called the Magna Carta of India. The Fundamental Rights are guaranteed to all the persons without any discrimination. Originally, there were seven Fundamental Rights in the Constitution and these are given as- Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Cultural and educational rights,Right to Property, Right to constitutional remedies. The Right to property was deleted from Fundamental Rights by the 44th Amendment Act 1978 and was made a legal right under Article 300-A in Part XII of the Constitution.
Option A: Right to Freedom falls under Articles 19-22 of Part III which is a Fundamental Right. Hence this is an incorrect answer.
Option B: Right to Property was deleted from Fundamental Rights by the 44th Constitutional Amendment. Hence this is not a Fundamental Right. This is the correct answer.
Option C: Right to Equality falls under Articles 14-18 of Part III which is a Fundamental Right. This is an incorrect answer.
Option D: Articles 25-28 of Part III contains the Right to freedom of Religion which is a Fundamental Right. This is an incorrect answer.
Hence, Option B is the correct answer because Right to Property has been removed from Fundamental Rights.
Note: Right to Property was repealed from the list of Fundamental Rights. This should be noted that it is a legal right & constitutional right but not a Fundamental Right.
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