PREVIOUSLY ASKED IN:
WBPSC Miscellaneous Preliminary 2019
Answer
Right to Property
Explanation
The Right to Property was originally a Fundamental Right under Article 31 of the Indian Constitution. However, the 44th Constitutional Amendment Act of 1978 removed it from the list of Fundamental Rights. It was made a Constitutional/Legal Right under a new Article 300A in Part XII of the Constitution. Therefore, there are currently only six Fundamental Rights.
Key Points
- > Originally, the Constitution provided for 7 Fundamental Rights; now there are only 6.
- > The 44th Amendment Act of 1978 was enacted during the Morarji Desai-led Janata Party government.
- > Right to Property is now a legal right under Article 300A.
- > Right to Equality is covered under Articles 14 to 18.
- > Right to Education (Article 21A) was added as a fundamental right by the 86th Amendment in 2002.
Additional Information
The 6 Fundamental Rights
| Right | Articles | Key Feature |
|---|---|---|
| Right to Equality | 14 - 18 | Equality before the law |
| Right to Freedom | 19 - 22 | Speech, Expression, Life & Liberty |
| Right against Exploitation | 23 - 24 | Prohibition of human trafficking & child labor |
| Right to Freedom of Religion | 25 - 28 | Freedom to profess any religion |
| Cultural and Educational Rights | 29 - 30 | Protection of minorities |
| Right to Constitutional Remedies | 32 | Right to approach the Supreme Court |
Memory Tips
- 44th Amendment trick: 4 + 4 = 8, which corresponds to the year 1978 when Right to Property was removed.
- Property is now a legal right in Article 300A.