Q. With reference to the right to property in India, which one among the following statements is correct?
Q. With reference to the right to property in India, which one among the following statements is correct?
The correct option is B The constitution explicitly mentions that property could be taken away by the government for public welfare.
Explanation:
Option (a) is incorrect: In the Constitution, initially, there was a fundamental right to ‘acquire, possess and maintain’ property under Article 19 (1) (f).
Option (b) is correct: The Constitution (Article 31A) made it clear that property could be taken away by the government for public welfare. Since 1950, the government has made many laws that have limited the right to property.
Option (c) is incorrect: In 1973, the Supreme Court gave a decision that the right to property was not a part of the basic structure of the Constitution, and thus, the Parliament had the power to abridge this right by an amendment.
Option (d) is incorrect: In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a legal right under Article 300A.
Explanation:
Option (a) is incorrect: In the Constitution, initially, there was a fundamental right to ‘acquire, possess and maintain’ property under Article 19 (1) (f).
Option (b) is correct: The Constitution (Article 31A) made it clear that property could be taken away by the government for public welfare. Since 1950, the government has made many laws that have limited the right to property.
Option (c) is incorrect: In 1973, the Supreme Court gave a decision that the right to property was not a part of the basic structure of the Constitution, and thus, the Parliament had the power to abridge this right by an amendment.
Option (d) is incorrect: In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a legal right under Article 300A.
