What is the position of the Right to Property in India?
Answer & explanation
Answer: (b) Legal right available to any person
The Right to Property is an ordinary legal (constitutional) right under Article 300A, and it is available to any person, not only citizens. The 44th Amendment (1978) removed it from the list of Fundamental Rights.
- ✗ (a) It is a legal right, but Article 300A begins 'No person', so it protects everyone, citizen or not.
- ✓ (b) Article 300A says no person shall be deprived of his property save by authority of law. It is a right recognised by the Constitution, but it is not a Fundamental Right.
- ✗ (c) The 44th Amendment (1978) removed the right to property from the list of Fundamental Rights, so it is no longer one.
- ✗ (d) It is not a Fundamental Right, but it is still a right: Article 300A gives it constitutional protection against deprivation without authority of law.
Remember · Right to Property: no longer a Fundamental Right after the 44th Amendment (1978); now a legal right under Article 300A ('No person...'), available to every person.
📘 Read it in NCERT: Class 11 Indian Constitution at Work, Ch 2 (practise this chapter)
Sources
- NCERT Class 11 · Indian Constitution at Work, Chapter 2 “In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right under article 300 A.”
- Constitution of India, Article 300A (Persons not to be deprived of property save by authority of law) ↗ “No person shall be deprived of his property save by authority of law.”
Question and answer: UPSC's official GS Paper I (2021, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·