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    which fundamental right has been deleted from our constitution through a constitutional amendment?

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    Question

    The Fundamental Right to ________ has been deleted by the _______ Amendment Act.

    A

    form associations; 44th

    B

    property; 44th

    C

    against exploitation; 42nd

    D

    private property; 42nd

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    The Fundamental Right to _______ has been deleted by _______ amendment act(A) Form Association; 44th(B) Property; 44th(C) Against exploitation; 42nd(D) Private property; 42nd

    The Fundamental Right to _______ has been deleted by _______ amendment act(A) Form Association; 44th(B) Property; 44th(C) Against exploitation; 42nd(D) Private property; 42nd. Ans: Hint: The doctrine of Adverse Possession:(A) It is a legal doctrin...

    The Fundamental Right to _______ has been deleted by _______ amendment act

    (A) Form Association; 44th

    (B) Property; 44th

    (C) Against exploitation; 42nd

    (D) Private property; 42nd

    Answer Verified 219.9k+ views

    Hint: The doctrine of Adverse Possession:

    (A) It is a legal doctrine that requires a person who, for an extended period, owns or lives on someone else's property to claim legal rights to that property.

    (B) In India, a person who is not the original owner of the property becomes the owner of the property due to the fact that he has been in possession of the property for a period of at least 12 years in which the actual owner does not take legal redress to evict him.

    Complete answer:

    In 1967, when the government forcibly took over the land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

    1. With the 44th Amendment to the Constitution in 1978, the property right ceased to be a constitutional right.

    2. SC stated that the right to property is both a human right and a constitutional right –the latter added Article 300A of the constitution.

    3. The 44th constitutional amendment act, 1978 inserts article 300-A.

    4. Article 300A states that – No person shall be deprived of his property save by the authority of law.

    Option (B.) Property; 44th is the correct option. Note

    1. Recently, the Supreme Court has ruled that the right of a person to own private property is a human right.

    2. The case was of an 80-year-old woman whose land of 3.34 hectares was forcefully seized by the government of Himachal Pradesh in 1967 to create a road.

    3. In compliance with Article 136 and Article 142 of the Constitution, the Court used its extraordinary jurisdiction to order the government to pay compensation of 1 crore rupees to women.

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    Which fundamental right has been deleted? Answer at BYJU’S IAS

    Which fundamental right has been deleted? Find the answer and learn more about UPSC preparation at BYJU’S.

    IAS QuestionsIAS Polity QuestionsWhich Fundamental Right Has Been Deleted

    Which fundamental right has been deleted?

    Right to Property was removed from the list of Fundamental Rights. Since this Right created a lot of problems in the way of attaining the goal of socialism and equitable distribution of wealth, it was removed from the list of Fundamental Rights in 1978 by the 44th constitutional amendment. However, its deletion does not mean that we do not have the right to acquire, hold and dispose of the property. Citizens are still free to enjoy this right. But now it is just a legal right and not a Fundamental Right.

    In the Constitution, originally, there was a fundamental right to ‘acquire, possess and maintain’ property. But the Constitution made it clear that property could be taken away by the government for public welfare.

    Since 1950, the government made many laws that limited this right to property.

    This right was at the centre of the long debate over the relationship between rights and directive principles.

    Finally, 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 the power to abridge this right by an amendment.

    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.

    Further Reading:

    Right to Private Property

    Fundamental Rights – Articles 12-35

    44th Amendment of Indian Constitution for UPSC

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