Consider the following statements: Article 301 pertains to the Right to Property. Right to Property is a legal right but not a Fundamental Right: Article 300A was inserted in the Constitutional Amendment. Which of the statement given above is/are correct?

Q 20 / 27

UPSC CSE Prelims 2005

Consider the following statements:

Article 301 pertains to the Right to Property.
Right to Property is a legal right but not a Fundamental Right:
Article 300A was inserted in the Constitutional Amendment.

Which of the statement given above is/are correct?

EXPLANATION

Correct Option (b):

Statement 2 is correct. The Right to Property was initially a Fundamental Right, guaranteed under Article 19(1)(f) and Article 31 of the Constitution. It was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act of 1978. Currently, it exists as a legal or constitutional right under Article 300A. As a legal right, it is not enforceable through Article 32 (writ jurisdiction of the Supreme Court) but can be challenged in High Courts under Article 226.

Statement 3 is correct. Article 300A was inserted into the Constitution by the 44th Constitutional Amendment Act, 1978. This Article provides that "no person shall be deprived of his property save by authority of law," establishing property as a legal right rather than a fundamental one.

Incorrect Options:

Statement 1 is incorrect. Article 301 of the Indian Constitution deals with the freedom of trade, commerce, and intercourse throughout the territory of India. It is located in Part XIII of the Constitution and does not relate to the Right to Property.

Option (a) is incorrect because statement 3 is also correct.

Option (c) is incorrect because statement 1 is factually inaccurate.

Option (d) is incorrect as it includes statement 1, which is incorrect.

SOURCEIndian Polity by M. Laxmikanth, Chapter 7: Fundamental Rights, Indian Polity by M. Laxmikanth, Chapter 11: Amendment of the Constitution