Which one of the following rights is no longer guaranteed as a Fundamental Right under the Constitution of India?

Difficulty: Easy

Correct Answer: right to property

Explanation:


Introduction / Context:
The list of Fundamental Rights in the Constitution of India has not remained completely static. One important historical change concerns the status of the Right to Property. This question tests whether you are aware that the Right to Property was originally a Fundamental Right but was later removed from that category and re-established as a legal and constitutional right of a different nature.


Given Data / Assumptions:

    The question asks which right is not currently a Fundamental Right in the Constitution of India.
    The options are right to equality, right to freedom, right to property and right against exploitation.
    It is assumed that you know about the 44th Constitutional Amendment and Article 300A.


Concept / Approach:
Originally, the Right to Property was included as Article 19(1)(f) and Article 31 in the list of Fundamental Rights. However, due to various conflicts between land reform laws and property owners, Parliament decided to amend the Constitution. The 44th Amendment repealed Article 19(1)(f) and Article 31 and introduced Article 300A, which provides that no person shall be deprived of his property save by authority of law. As a result, the Right to Property is now a constitutional and legal right, not a Fundamental Right. The other rights in the options are still Fundamental Rights, so the correct approach is to identify property as the exception.


Step-by-Step Solution:
Step 1: Recall the groups of Fundamental Rights: Right to Equality (Articles 14–18), Right to Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), Right to Freedom of Religion (Articles 25–28), Cultural and Educational Rights (Articles 29–30) and Right to Constitutional Remedies (Article 32). Step 2: Note that right to equality, right to freedom and right against exploitation are still clearly part of the Fundamental Rights chapter. Step 3: Remember that the Right to Property used to be a Fundamental Right but was removed from Part III of the Constitution by the 44th Amendment in 1978. Step 4: Recognise that the Right to Property now exists as a constitutional/legal right under Article 300A, outside the Fundamental Rights chapter. Step 5: Therefore, among the options, the right to property is the one that is no longer a Fundamental Right.


Verification / Alternative check:
You can verify this by consulting any standard Indian polity text, which will specifically mention that the Right to Property was removed from Part III and is now provided under Article 300A as a constitutional right. Exam questions often highlight this as a classic example of a Fundamental Right that has been downgraded in status. Meanwhile, equality, freedom and protection against exploitation remain firmly within the Fundamental Rights chapter.


Why Other Options Are Wrong:
Right to equality: Still a core Fundamental Right, enshrined in Articles 14 to 18. It has not been removed or downgraded. Right to freedom: This remains a Fundamental Right under Articles 19 to 22, covering various freedoms essential for democratic life. Right against exploitation: This continues to be a Fundamental Right under Articles 23 and 24, aimed at preventing human trafficking, forced labour and harmful child labour.


Common Pitfalls:
Some aspirants confuse the historical status of the right to property and think it might still be a Fundamental Right because older sources mention it as such. Others mix up legal rights and Fundamental Rights, failing to note the constitutional amendment. To avoid this, clearly remember: after the 44th Amendment, property is protected as a constitutional right (Article 300A), but it is no longer listed among the Fundamental Rights in Part III.


Final Answer:
The right that is no longer guaranteed as a Fundamental Right in the Constitution of India is the right to property.

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