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
Show answer
Correct answer: A. Right to property
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.