2021 GS Paper I, all questions
UPSC Prelims 2021 · GS Paper I
Question 92: Polity and Governance
What is the position of the Right to Property in India?
aLegal right available to citizens only
bLegal right available to any person
cFundamental Right available to citizens only
dNeither Fundamental Right nor legal right
AnswerUPSC’s answer is (b).
The 44th Amendment (1978) removed the right to property from the list of Fundamental Rights and placed it in Article 300A in Part XII, which says that no person shall be deprived of property except by authority of law. It is therefore now a legal (constitutional) right, not a Fundamental Right. Because Article 300A says person, not citizen, it is available to any person. Remember: 44th Amendment, Article 300A, legal right for all persons.
Why each option is right or wrong
- (a) Wrong: it is available to any person, not only citizens.
- (b) Right: Article 300A makes it a legal right available to any person.
- (c) Wrong: it stopped being a Fundamental Right in 1978.
- (d) Wrong: it is a legal right under Article 300A.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2021, General Studies Paper I, Series A. The paper on upsc.gov.in.