Under which amendment of the Constitution of India was Right to Property removed from the list of Fundamental Rights? 

The correct answer is 44th Amendment.

Key Points

• The 44th Amendment Act of 1978 removed the Right to Property from the list of Fundamental Rights.
• The Right to Property was originally provided under Article 31 of the Indian Constitution.
• After the amendment, the Right to Property was made a legal right under Article 300A.
• This amendment was introduced to curb the misuse of the right and to facilitate land reforms.
• The amendment aimed to balance individual rights and the need for socio-economic justice.

Additional Information

• Fundamental Rights
  • These are a set of rights that are recognized under the Indian Constitution as being essential for the all-round development of individuals.
  • The Fundamental Rights are enshrined in Part III of the Constitution.
  • They include rights such as the right to equality, freedom of speech, and protection against discrimination.
  • These rights are enforceable by the courts, subject to certain restrictions.
• Article 31
  • Before the 44th Amendment, Article 31 guaranteed the right to property as a Fundamental Right.
  • It provided for compensation in case of acquisition or requisition of private property by the state.
  • The article was often used to challenge land acquisition laws, delaying socio-economic reforms.
• Article 300A
  • Post the 44th Amendment, the right to property was moved to Article 300A.
  • Article 300A states that no person shall be deprived of their property save by authority of law.
  • This made the right to property a legal right, not a Fundamental Right.
  • It allowed the government more flexibility in implementing land reforms and socio-economic policies.
• Impact of the Amendment
  • The shift from a Fundamental Right to a legal right reduced the number of litigations over land acquisition.
  • It facilitated the implementation of land reforms and equitable distribution of resources.
  • The amendment balanced individual property rights with the need for social justice and economic development.