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UPSC Prelims 2021 · Polity · Fundamental Rights & Writs
What is the position of the Right to Property in India?
- (a) Legal right available to citizens only
- (b) Legal right available to any person
- (c) Fundamental Right available to citizens only
- (d) Neither Fundamental Right nor legal right
Show the answer and explanation
Answer: (b) Legal right available to any person
Since the 44th Amendment (1978) it is a constitutional/legal right under Art. 300A, available to every person, including companies and foreigners.
The idea
The 44th Amendment deleted Arts. 19(1)(f) and 31 and added Art. 300A (Part XII). Result: you can go to the High Court under Art. 226, but not straight to the Supreme Court under Art. 32.
Before 1978: FR (19(1)(f), 31) → 44th Amendment → Art. 300A: legal right of every person
Why the others are wrong
(a) Art. 300A says “no person” shall be deprived of property save by authority of law — the word is person, not citizen.
(c) This was the pre-1978 position (Arts. 19(1)(f) and 31), and even then Art. 31 protected persons generally.
(d) Too far: property is still protected by Art. 300A and enforceable in the High Court under Art. 226.
The trap
“Citizens only” sounds natural for a right that was demoted. Art. 300A says “person”.
🔒 Property = Art. 300A, Part XII · legal/constitutional right · any person · 44th Amendment 1978.
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