Q. Consider the following statements:
1. At present there is no provision related to Right to Property in the Constitution of India.
2. The 42nd Amendment Act, 1976 removed the fundamental right status provided to Right to Property.
Which of the statements given above is/are correct?
Exp) Option d is the correct answer.
Statement 1 is incorrect. The 44th Amendment Act 1978 of the Constitution of India inserted a new article 300A titled as Right to Property which was made a Constitutional right under this article. Though Right to property is removed as a Fundamental Right but it is still present as a Constitutional right. Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property. This article provides restrictions on the State that it cannot take anybody’s property without the force of law also interpreted can be deprived of the force of law. The word of law here means a validly enacted law which is just, fair, and reasonable.
Statement 2 is incorrect. In 1978, 44th amendment Act to the constitution removed the right to property from the list of fundamental rights and converted to a simple legal right under article 300A. Necessary amendments for this purpose were made to article 19 and article 31. It would, however, be ensured that the removal of property from the list of fundamental rights would not affect the right of minorities to establish and administer educational institutions of their choice.

