Which of the following is NOT a fundamental right after the 44th Amendment Act, 1978 of Indian Constitution?
- A.Right to property
- B.Right to equality
- C.Right against exploitation
- D.Right to religion
Correct answer
Explanation
The correct answer is Right to property. When the Constitution came into force, property was protected as a Fundamental Right in two places: Article 19(1)(f), the freedom to acquire, hold and dispose of property, and Article 31, protection against being deprived of property. The 44th Amendment Act, 1978 deleted both and inserted Article 300A in Part XII, which says that no person shall be deprived of property save by authority of law. Property is therefore still protected, but only as a constitutional or legal right, not as a Fundamental Right.
The practical difference is that a person whose property is taken can no longer go straight to the Supreme Court under Article 32, which is only for Fundamental Rights; they can still approach a High Court under Article 226 or an ordinary court. The other three options, the Right to Equality (Articles 14 to 18), the Right against Exploitation (Articles 23 and 24) and the Right to Freedom of Religion (Articles 25 to 28), all remain Fundamental Rights. The same 44th Amendment also made Articles 20 and 21 impossible to suspend during an emergency.
Read the full article: Fundamental Rights (Articles 12–35): Notes, Writs and PYQs
Practice Questions
View allThe Fundamental Rights in the Indian Constitution are inspired by the ‘Bill of Rights’ of which of the following countries?
- A.Australia
- B.Japan
- C.The USSR
- D.The USA
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The Bill of Rights is the name given to the first ten amendments to the Constitution of the United States, adopted in 1791, which protect freedoms such as speech and religion against the government.
Read the full explanation →The Fundamental Rights have been guaranteed to protect the public from repressive state actions; judicial decisions tend to expand the scope of the word 'State' as defined by _______ of the Indian Constitution.
- A.Article 12
- B.Article 14
- C.Article 15
- D.Article 13
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Most Fundamental Rights are claims against the State, so whoever counts as the "State" is bound by them.
Read the full explanation →Which article of the Constitution of India abolishes the concept of ‘untouchability’ and prohibits its practice in any shape or form?
- A.16
- B.15
- C.17
- D.14
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Article 17 abolishes untouchability, forbids its practice in any form, and makes the enforcement of any disability arising out of untouchability an offence punishable in accordance with law.
Read the full explanation →Article 19 of the Indian Constitution provides for how many types of freedoms?
- A.13
- B.44
- C.30
- D.6
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Article 19(1) gives every citizen six freedoms: speech and expression; to assemble peaceably and without arms; to form associations, unions or co-operative societies; to move freely throughout India; to reside and settle in any part of India; and to practise any profession or carry on any occupation, trade or business.
Read the full explanation →Which of the following Constitutional Amendment Act added the Right to Education to the Indian constitution?
- A.85th
- B.88th
- C.87th
- D.86th
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The 86th Constitutional Amendment Act, 2002 made education a Fundamental Right by inserting Article 21A, under which the State shall provide free and compulsory education to all children aged six to fourteen years, in the manner it determines by law.
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