Discussion
The right to property ceased to be a fundamental right by virtue of which amendment?
Answer: B
Correct answer: The 44th Amendment
The 44th Amendment of 1978 removed the right to property from Part III. Article 19(1)(f) and Article 31 were repealed, and the right was re-enacted as Article 300-A in Part XII: no person shall be deprived of his property save by authority of law. The change matters because it altered the remedy rather than abolishing the right. As an ordinary constitutional right it can be enforced through a High Court under Article 226, but no longer directly in the Supreme Court under Article 32, and it can be limited by ordinary legislation. The purpose was to remove the obstacle that property litigation had placed in the way of land reform and nationalisation, which had generated a long series of constitutional amendments and court battles through the 1950s and 1960s. The same amendment, passed by the Janata government after the Emergency, also restored much that the 42nd Amendment had changed, tightened the emergency provisions, and made Articles 20 and 21 non-suspendable.
Post your comment
Please log in or register to post a comment.
Examination Categories
- SSC Exams
- Banking Exams
- Teaching Exams
- Civil Services Exams
- Railways Exams
- Engineering Recruitment Exams
- Defence Exams
- State Government Exams
- Police Exams
- Insurance Exams
- Nursing Exams
- Other Government Exams
- NRA CET
- PG Entrance Exams
- Campus Placement
- MBA Entrance Exams
- CUET and UG Entrance
- Judiciary Exams
- Regulatory Body Exams
- Software Development