UPSC IAS - 2021

What is the position of the Right to Property in India? ​

Year Asked: 2021

A
Legal right available to citizens only​
B
Legal right available to any person​
C
Fundamental Right available to citizens only​
D
Neither Fundamental Right nor legal right​

Correct Answer

B. Legal right available to any person

Detailed Explanation

The answer is B. The Right to Property was a Fundamental Right under Article 19(1)(f) and Article 31, but the 44th Constitutional Amendment Act, 1978 deleted both from Part III. It was re-placed in Part XII as Article 300A, which says “No person shall be deprived of his property save by authority of law.” So today it is a constitutional (legal) right, not a Fundamental Right.

Article 300A uses the word “person”, not “citizen”, so it extends to any person, including foreigners and companies. That is why B fits and A fails.

  • A: Wrong, because the text says “person”, not “citizen”.
  • C: Wrong, because property lost Fundamental Right status in 1978. Article 300A sits in Part XII, not Part III.
  • D: Wrong, because Article 300A is a legal and constitutional right, so it is not “neither”.

Core concept: a constitutional right cannot be enforced directly under Article 32, so remedies lie through Article 226 writs and civil courts. This links to Mains GS-II on land acquisition and the RFCTLARR Act, 2013, which operates within the Article 300A framework.

Trap: Aspirants remember that property was once a Fundamental Right and pick C, or read “citizens” into the options.

This question appeared in UPSC Prelims 2021 GS Paper-1.

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