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 ✓ UPSC's answer
- (c) Fundamental Right available to citizens only
- (d) Neither Fundamental Right nor legal right
Why the answer is (b)
• The right to property was originally a Fundamental Right under Articles 19(1)(f) and 31.
• The 44th Amendment, 1978 deleted it from Part III and inserted Article 300A: 'No person shall be deprived of his property save by authority of law.'
• It is therefore a constitutional/legal right, not a Fundamental Right, and Article 300A says 'person', so it is available to citizens and non-citizens alike — option (b).
• Violation can be challenged in the High Court under Article 226 but not directly in the Supreme Court under Article 32.
• Hence option (b).
Why the other options are wrong
- (a) Legal right available to citizens only
- Article 300A protects any 'person', not citizens only.
- (c) Fundamental Right available to citizens only
- It ceased to be a Fundamental Right in 1978.
- (d) Neither Fundamental Right nor legal right
- It remains a constitutional legal right under Article 300A.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2021, held on 10 October 2021. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.