Q92 · UPSC Prelims 2021 · Set A · Polity and Governance

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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
C Fundamental Right available to citizens only
D Neither Fundamental Right nor legal right

Correct answer: (b) Legal right available to any person

Explanation

  1. A

    Legal right available to citizens only

    Legal right, citizens only. Article 300A is ‘any person’.

  2. B

    Legal right available to any person

    Legal right available to any person. After the 44th Amendment, property is 300A, not a FR.

  3. C

    Fundamental Right available to citizens only

    FR for citizens only. That was 19(1)(f)/31 before 1978.

  4. D

    Neither Fundamental Right nor legal right

    Neither FR nor legal. 300A is a constitutional legal right.

Summary. Official key is (b). Right to property is a constitutional legal right under Article 300A, available to any person — not a Fundamental Right, and not citizens-only.