Which one among the following was eliminated by the 44th Amendment Act of the Parliament?
Right to Property
Understanding the Impact of the 44th Amendment Act
The question asks about a right that was eliminated by the 44th Amendment Act of the Parliament. This amendment brought significant changes to the Constitution of India, particularly concerning fundamental rights and emergency provisions.
Let's examine the options provided:
- Right against Exploitation
- Right to Constitutional Remedies
- Right to Property
- Right to Education
The 44th Amendment Act, enacted in 1978, is well-known for modifying several aspects of the Constitution that were impacted by the Emergency period. One of its most significant changes was regarding the Right to Property.
The 44th Amendment and the Right to Property
Before the 44th Amendment, the Right to Property was a Fundamental Right guaranteed under Article 31 of the Constitution. However, this right became a point of contention between the legislature and the judiciary, leading to several constitutional amendments aimed at facilitating land reforms and other socialist measures.
The 44th Amendment Act took the crucial step of removing the Right to Property from the list of Fundamental Rights. It was shifted from Part III (Fundamental Rights) to Part XII of the Constitution.
After the amendment, the Right to Property is no longer a fundamental right. Instead, it is now a legal right under Article 300A. This means that while the state cannot ordinarily deprive a person of their property without the authority of law, this right can be regulated by ordinary law, and its violation cannot be directly challenged in the Supreme Court under Article 32 (Right to Constitutional Remedies).
Status of Other Rights
Let's briefly look at the status of the other rights mentioned in the options:
- Right against Exploitation: This remains a Fundamental Right under Articles 23 and 24 of the Constitution.
- Right to Constitutional Remedies: This is a crucial Fundamental Right under Article 32, allowing individuals to approach the Supreme Court for the enforcement of their Fundamental Rights. This right was not eliminated by the 44th Amendment; in fact, its importance was indirectly reinforced as the means to protect the remaining fundamental rights.
- Right to Education: This right was added as a Fundamental Right (Article 21A) by the 86th Amendment Act, 2002, long after the 44th Amendment Act.
Therefore, based on the changes brought about by the 44th Amendment Act, the right that was eliminated from the list of Fundamental Rights is the Right to Property.
Revision Table: Impact of 44th Amendment
| Right | Status Before 44th Amendment (1978) | Status After 44th Amendment (1978) |
|---|---|---|
| Right to Property | Fundamental Right (Article 31) | Legal Right (Article 300A) |
| Right against Exploitation | Fundamental Right (Articles 23-24) | Remained Fundamental Right |
| Right to Constitutional Remedies | Fundamental Right (Article 32) | Remained Fundamental Right |
| Right to Education | Not a Fundamental Right | Not a Fundamental Right (Added later by 86th Amendment) |
Additional Information: Key Aspects of the 44th Amendment Act
The 44th Amendment Act, 1978, was enacted by the Janata Party government following the end of the Emergency. Its primary aim was to prevent the misuse of constitutional provisions, particularly regarding emergencies and fundamental rights, as had happened during the 1975-77 Emergency. Besides changing the status of the Right to Property, other notable changes included:
- Safeguards against arbitrary declaration of National Emergency (replaced 'internal disturbance' with 'armed rebellion').
- Requirement for the President to act only on the written advice of the Union Cabinet for declaring an emergency.
- Protection of the Right to Life and Personal Liberty (Article 20 and 21) from suspension during a National Emergency.
- Restoration of the duration of Lok Sabha and State Legislative Assemblies to five years.
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