1.

What is the position of the Right to Property in India ?1. Legal right available to citizens only2. Legal right available to any person3. Fundamental Right available, to citizens only4. Neither Fundamental Right nor legal right

Answer» Correct Answer - Option 2 : Legal right available to any person

The correct answer is a Legal right available to any person.

  • The property right was deleted from the list of Fundamental Rights by the 44thAmendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution. It is not an exclusive legal right offered to citizens. Hence, Option 2 is correct.
  • By 44thAmendment Act, 1978 inserted Article 300A in a new chapter IV of Part XII of the Constitution, thereby depriving the ‘right to property of its ‘fundamental right’ status.
  • Article 300 A of the constitution of India says that a person shall not be deprived of his property save by authority of law.

  • Forty-Fourth Amendment Act, 1978
    • Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years).
    • Restored the provisions about the quorum in the Parliament and state legislatures.
    • Omitted the reference to the British House of Commons in the provisions about the parliamentary privileges.
    • Gave constitutional protection to publication in a newspaper of true reports of the proceedings of the Parliament and the state legislatures.
    • Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
    • Deleted the provision which made the satisfaction of the president, governor, and administrators final in issuing ordinances.
    • Restored some of the powers of the Supreme Court and high courts.
    • Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
    • Made the President declare a national emergency only on the written recommendation of the cabinet.
    • Made certain procedural safeguards for a national emergency and President’s rule.
    • Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
    • Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency.
    • Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister, and the Speaker of the Lok Sabha.


Discussion

No Comment Found

Related InterviewSolutions