The Constitution of India does not guarantee which one of the following as a fundamental right?
- A.Right to equality
- B.Right against exploitation
- C.Right to property
- D.Right to carry on trade and business
Correct answer
Explanation
The correct answer is C, Right to property. The 44th Amendment Act of 1978 removed the right to property from Part III, so it is no longer a fundamental right.
The original Constitution guaranteed the right to property under Article 19(1)(f) and Article 31. The 44th Amendment, passed by the Janata government, deleted both and inserted Article 300A in Part XII, which says no person shall be deprived of property save by authority of law. It is therefore a constitutional and legal right: a person can go to a High Court under Article 226, but not straight to the Supreme Court under Article 32. With this change the original seven fundamental rights became six.
A is wrong: the right to equality is guaranteed by Articles 14 to 18.
B is wrong: the right against exploitation, banning forced labour and child labour in factories, is in Articles 23 and 24.
D is wrong: the freedom to practise any profession or carry on any occupation, trade or business is guaranteed by Article 19(1)(g).
Exam tip: Right to property: removed by the 44th Amendment (1978), now a legal right under Article 300A.
Practice Questions
View allWhich of the following statements about the Convention on the Elimination of All Forms of Discrimination against Women are correct? 1. The Convention was the culmination of more than thirty years of work by the United Nations Commission on the Status of Women. 2. The Convention devotes major attention to women's reproductive rights. 3. The implementation of the Convention is monitored by the Committee on Human Rights. Select the answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
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CEDAW grew out of the Commission on the Status of Women and addresses reproductive rights, but it has its own monitoring committee.
Read the full explanation →Which of the following are a part of the 'basic features' of the Constitution of India as drawn from various decisions of the Supreme Court? 1. Effective access to justice 2. Rule of Law 3. Limitations upon the amending power under Article 368 Select the correct answer using the code given below.
- A.1 and 2 only
- B.1 and 3 only
- C.2 and 3 only
- D.1, 2 and 3
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The Supreme Court has counted all three among the basic features that Parliament cannot destroy. The basic structure doctrine was laid down in Kesavananda Bharati (1973): Parliament can amend any part of the Constitution under Article 368 but cannot alter its basic structure.
Read the full explanation →The Governor of a state may exercise discretionary powers when 1. he or she is not convinced by the advice of the Council of Ministers 2. the Constitution requires him/her to act in his/her discretion in certain matters 3. he or she is appointed as the administrator of an adjoining Union Territory Select the correct answer using the code given below :
- A.1, 2 and 3
- B.1 and 2 only
- C.2 and 3 only
- D.3 only
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The Governor acts in discretion only where the Constitution allows it, which includes running an adjoining Union Territory. Article 163 says the Council of Ministers headed by the Chief Minister aids and advises the Governor, except where the Constitution requires the Governor to act in discretion.
Read the full explanation →Which of the following statements in respect of the nature of the federal system in India is/are correct? 1. Since the States had an independent existence prior to the formation of the Federation, the Constitution of India provided for safeguards for protecting 'State rights', similar to the Constitution of the United States. 2. The residuary powers are reserved with the States under the Constitution of the United States, but these are with the Union under the Constitution of India. 3. The Constitution of India has followed the Irish Constitution in vesting the residuary powers. Select the answer using the code given below.
- A.1, 2 and 3
- B.2 only
- C.2 and 3 only
- D.1 and 3 only
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Only the statement about where residuary powers lie is correct. The American federation was formed by an agreement among states that already existed, so its Constitution guards 'State rights'.
Read the full explanation →With reference to the election of the President of India, consider the following statements : 1. The value of the vote of each MLA varies from State to State. 2. The value of the vote of MPs of the Lok Sabha is more than the value of the vote of MPs of the Rajya Sabha. Which of the statements given above is/are correct ?
- A.1 only
- B.2 only
- C.Both 1 and 2
- D.Neither 1 nor 2
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An MLA's vote value depends on the State's population, but every elected MP, in either House, has the same vote value.
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