Understanding the Right to Property in the Indian Constitution

The Indian Constitution, when it was originally adopted, included the right to property as a fundamental right. Fundamental rights are considered essential human rights guaranteed to citizens by the Constitution, enforceable by the courts. However, this right underwent significant changes over time, particularly through constitutional amendments.

The 44th Constitutional Amendment Act

The question asks about the specific amendment that removed the right to property from the list of fundamental rights. This crucial change was brought about by the 44th Constitutional Amendment Act.

Prior to the 44th Amendment in 1978, the right to property was guaranteed under Article 19(1)(f) and Article 31 of the Constitution. These articles protected the right to acquire, hold, and dispose of property and provided for compensation in case of compulsory acquisition of property by the state.

Changes Made by the 44th Amendment (1978)

The 44th Amendment Act, 1978, enacted several important changes to the Indian Constitution, particularly in response to issues that arose during the Emergency period. Regarding the right to property, the amendment took the following key steps:

• It repealed Article 19(1)(f), thereby removing the right to property as a fundamental right under Article 19.
• It repealed Article 31, which dealt with compulsory acquisition of property and provided for compensation.
• It inserted a new chapter, Chapter IV, in Part XII of the Constitution.
• It inserted a new article, Article 300A, in this new chapter.

Article 300A states that "No person shall be deprived of his property save by authority of law." This effectively changed the status of the right to property from a fundamental right to a legal right or a constitutional right (but not a fundamental right).

Significance of the Change

By making the right to property a legal right under Article 300A, the Constitution made it subject to ordinary law rather than the stricter protections afforded to fundamental rights. While the state cannot arbitrarily deprive a person of their property, such deprivation can occur according to the procedure established by law. This change reduced the difficulties faced by the government in land reforms and other socio-economic legislation that required the acquisition of private property.

Analysis of Other Options

• 41st Amendment Act, 1976: This amendment raised the age of retirement of the Chairman and members of a State Public Service Commission and Joint Public Service Commission from 60 to 62 years. It did not concern the right to property.
• 42nd Amendment Act, 1976: Known as the 'Mini-Constitution', this was one of the most comprehensive amendments. It made significant changes, including adding 'socialist', 'secular', and 'integrity' to the Preamble, adding Fundamental Duties, making the President bound by the advice of the Cabinet, and limiting judicial review powers. While very significant, it did not remove the right to property from fundamental rights.
• 43rd Amendment Act, 1977: This amendment repealed some provisions of the 42nd Amendment Act, mainly related to limiting the power of courts to review laws and the power to make anti-national activities laws. It did not deal with the right to property.

Based on the constitutional changes, the 44th Amendment Act is the correct answer for removing the right to property from the list of fundamental rights.

Revision Table: Right to Property Status Change

Additional Information: Property Rights and Amendments

Several amendments before the 44th Amendment also touched upon property rights, primarily to facilitate land reforms and acquisition. Some notable ones include:

• 1st Amendment Act, 1951: Added Article 31A and 31B and the Ninth Schedule to protect land reform laws from judicial review based on fundamental rights, including the right to property.
• 4th Amendment Act, 1955: Further limited the scope of judicial review regarding the adequacy of compensation for compulsory acquisition of property.
• 17th Amendment Act, 1964: Included more land reform laws in the Ninth Schedule.
• 25th Amendment Act, 1971: Added Article 31C, which protected laws giving effect to Directive Principles (specifically Article 39(b) and (c)) from challenge based on violation of Article 14, 19, and 31 (including the right to property). It also added that compensation for property acquisition did not need to be market value but an amount fixed by law.
• 26th Amendment Act, 1971: Abolished privy purses and privileges of former Indian states' rulers, removing their property rights in this context.

These earlier amendments show a trend towards limiting the scope of the fundamental right to property to allow the state to pursue socio-economic goals. The 44th Amendment was the culmination of this process, changing its fundamental status altogether.