Q. Consider the following statements with reference to the ‘Right to Property’ in the Indian context:
1. Presently, it is neither a Constitutional right nor a legal right.
2. It protects a person’s property against executive action but not against legislative action.
3. If this right is violated, the aggrieved person can directly move to the High Court for its enforcement.
How many of the above given statements is/ are correct?
Exp) Option b is the correct answer
Statement 1 is incorrect: The right to property is a Constitutional as well as legal right but not a Fundamental Right. Originally, the Constitution provided for seven Fundamental Rights. However, the Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act of 1978. It is made a legal right under Article 300-A in Part XII of the constitution.
Statement 2 is correct. The Right to Property protects private property against executive action but not against legislative action. It can be regulated i.e. curtailed, abridged or modified without constitutional amendment by an ordinary law of the Parliament.
Statement 3 is correct. In case of violation, the aggrieved person cannot directly move the Supreme Court under Article 32 (right to constitutional remedies including writs) for its enforcement. He can move the High Court under Article 226.
