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Question

Consider the following statement about right to Property
1. 42nd amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right.
2. Right to property is not a part of the basic structure of the Constitution.
Which of the above statement(s) is/are correct?

A
Only 1
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B
Only 2
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C
Both 1 and 2
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D
None of the above
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Solution

The correct option is B Only 2
44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right. In 1973, the Supreme Court gave a decision that the right to property was not part of the basic structure of the Constitution and therefore, parliament had power to abridge this right by an amendment.

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