Difficulty: Easy
Correct Answer: Right to property
Explanation:
Introduction / Context:
The list of Fundamental Rights in the Constitution of India has been amended over time. A very important change concerns the status of the Right to Property, which was originally a Fundamental Right but was later removed from that part of the Constitution. This question tests whether you can identify which right underwent this change and now exists as a different kind of right while still being constitutionally recognised.
Given Data / Assumptions:
Concept / Approach:
Originally, the Right to Property was guaranteed under Article 19(1)(f) and Article 31 as a Fundamental Right. However, frequent conflicts between land reform laws and property owners led to many disputes and constitutional amendments. Eventually, the 44th Constitutional Amendment Act removed the Right to Property from the list of Fundamental Rights and introduced Article 300A, which states that no person shall be deprived of property except by authority of law. This made it a constitutional and legal right rather than a Fundamental Right. The other rights in the options remain Fundamental Rights. Therefore, the correct approach is to pick the Right to Property as the one that has changed status.
Step-by-Step Solution:
Step 1: Recall that Fundamental Rights are mainly listed in Part III of the Constitution, including rights such as equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights and constitutional remedies.
Step 2: Remember that the Right to Property used to be part of this list but was removed from Part III by the 44th Amendment.
Step 3: Note that the right to life and personal liberty under Article 21, the right to education (Article 21A) and the right to freedom of religion (Articles 25 to 28) are still Fundamental Rights.
Step 4: Article 300A now protects the Right to Property as a constitutional right, stating that deprivation of property must be done only by authority of law.
Step 5: Therefore, among the options, the right to property is the only right that has been removed from the Fundamental Rights group and converted into a legal or ordinary constitutional right.
Verification / Alternative check:
Standard Indian polity texts clearly highlight this change as a major constitutional development, often presenting the Right to Property as an example of a right downgraded from Fundamental to legal status. They also emphasise that while property is still protected, violations now require a different route for redress compared with Fundamental Rights. This confirms that the Right to Property is the correct answer in this context.
Why Other Options Are Wrong:
Right to life and personal liberty: This is a core Fundamental Right under Article 21 and has actually been expanded through judicial interpretation, not downgraded.
Right to education: After the 86th Amendment, education for children aged six to fourteen years is guaranteed as a Fundamental Right under Article 21A, not removed.
Right to freedom of religion: This remains a Fundamental Right under Articles 25 to 28 and has not been converted into a mere legal right.
Common Pitfalls:
A common error is to confuse evolving judicial interpretations with removal or downgrading. For example, some learners mistakenly think that because the Right to Education was previously a Directive Principle, it was never a Fundamental Right. In reality, it became a Fundamental Right later. Only the Right to Property has moved in the opposite direction, from Fundamental Right to legal right. Remember the key linkage: property and Article 300A after the 44th Amendment.
Final Answer:
The right that has been removed from the list of Fundamental Rights and converted into a simple legal right is the Right to property.
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