Fundamental Rights Part-II

41. By which of the following Right to Property has been omitted? [U.P.U.D.A/L.D.A. (Spl) (Mains) 2010]

(a) 40th Amendment of Constitution
(b) 42nd Amendment of Constitution
(c) 44th Amendment of Constitution
(d) 46th Amendment of Constitution

Correct Answer: (c) 44th Amendment of Constitution

Solution:Article 301 is related to freedom of trade, commerce and intercourse, and not to the right to property. The Right to property was a fundamental right under Article 19(1)(f), but by the 44 Amendment 1978, this Clause [19(1)(1)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of the Janta Party Government. After that amendment, the right to property became a legal right and ceased to be a fundamental right. Thus only statement 2 is correct.

42. When was the Fundamental Right to property abolished? [M.P.P.C.S. (Pre) 1994, U.P.P.C.S. (Mains) 2015]

(a) In 1978, by 44th Constitutional Amendment.
(b) In 1982, by 46th Constitutional Amendment.
(c) In 1973, by 31st Constitutional Amendment
(d) None of these.

Correct Answer: (a) In 1978, by 44th Constitutional Amendment.

Solution:Article 301 is related to freedom of trade, commerce and intercourse, and not to the right to property. The Right to property was a fundamental right under Article 19(1)(f), but by the 44 Amendment 1978, this Clause [19(1)(1)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of the Janta Party Government. After that amendment, the right to property became a legal right and ceased to be a fundamental right. Thus only statement 2 is correct.

43. Which of the following Amendment Act of the Constitution deleted the Right to Property from the list of Fundamental Rights? [M.P.P.C.S. (Pre) 2019]

(a) 37th Constitution Amendment Act, 1975
(b) 38th Constitution Amendment Act, 1975
(c) 44th Constitution Amendment Act, 1978
(d) 42nd Constitution Amendment Act, 1976

Correct Answer: (c) 44th Constitution Amendment Act, 1978

Solution:Article 301 is related to freedom of trade, commerce and intercourse, and not to the right to property. The Right to property was a fundamental right under Article 19(1)(f), but by the 44 Amendment 1978, this Clause [19(1)(1)] has been omitted, and Article 300-A has been inserted, which provides that no person shall be deprived of his property save by authority of law. This amendment was done at the time of the Janta Party Government. After that amendment, the right to property became a legal right and ceased to be a fundamental right. Thus only statement 2 is correct.