Difficulty: Easy
Correct Answer: 44th Constitutional Amendment Act
Explanation:
Introduction / Context:
Originally, the right to property was included in Part III of the Constitution of India as a Fundamental Right. Over time, conflicts arose between this right and the need for land reforms and social justice. To reduce litigation and give the State more flexibility in acquiring property for public purposes, Parliament decided to change the status of this right. This question tests your knowledge of which Constitutional Amendment carried out that important change.
Given Data / Assumptions:
Concept / Approach:
Initially, Article 31 guaranteed the right to property as a Fundamental Right. However, land reform measures and nationalisation efforts led to repeated amendments and litigation. The 44th Constitutional Amendment Act of 1978 removed the right to property from Part III and inserted Article 300A in Part XII, stating that no person shall be deprived of his property save by authority of law. As a result, the right to property remained a constitutional legal right but ceased to be a Fundamental Right. This reform reduced the scope of judicial review on property matters compared to earlier years.
Step-by-Step Solution:
Step 1: Recall that the major redefinition of the right to property took place after the Emergency period.Step 2: Identify the 44th Amendment Act, 1978, as the Amendment that removed the right to property from the list of Fundamental Rights.Step 3: Note that this Amendment repealed Article 31 and introduced Article 300A in a different part of the Constitution.Step 4: Confirm that the 42nd Amendment focused more on strengthening the Directive Principles and altering the balance between Parliament and the judiciary, not specifically on removing the right to property.Step 5: Choose the 44th Constitutional Amendment Act as the correct option from the list provided.
Verification / Alternative check:
Standard Indian polity textbooks describe the 44th Amendment as a corrective measure after the 42nd Amendment, restoring some democratic safeguards and reclassifying the right to property. They clearly state that this Amendment downgraded the right to property from a Fundamental Right to a legal right under Article 300A. Lists of constitutional amendments also associate the 44th Amendment with this particular change, leaving no ambiguity about which Amendment is being referred to in exam questions.
Why Other Options Are Wrong:
Common Pitfalls:
Candidates often confuse the 42nd and 44th Amendments because both were significant and close in time. Another mistake is to assume that any major Amendment from that era must be responsible for all famous constitutional changes. To avoid errors, link specific reforms to specific Amendments: associate the 42nd with the "Mini Constitution" and expanded Directive Principles, and the 44th with restoring some rights and removing the right to property from Part III. This mental association makes it much easier to answer related questions correctly.
Final Answer:
The fundamental right to property was removed from the list of Fundamental Rights and converted into a legal right by the 44th Constitutional Amendment Act of India.
Discussion & Comments