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Which of the following is/are correct about Right to Property? 1. It was made a Constitutional right under Article 300A by the 44th Constitutional Amendment, 1978. 2. Right to Property is a Natural Right.

Which of the following is/are correct about Right to Property? 1. It was made a Constitutional right under Article 300A by the 44th Constitutional Amendment, 1978. 2. Right to Property is a Natural Right. Correct Answer Both 1 and 2 

The correct answer is Both 1 and 2.

Key Points

  • Right to Property is a Constitutional Right.
  • The state cannot take possession of it without following due procedure and authority of law.
  • In the State of Haryana v. Mukesh Kumar case (2011), it was held that the property right is not only constitutional or statutory but also a human right.
  • The doctrine of Adverse Possession: The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession.
  • Grabbing private land and then claiming it as its own makes the state an encroacher.
  • In 1967, when the government forcibly took over the land for equitable distribution, the ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.
  • So, the Government came up with the 44th Constitution Amendment in 1978 which made the Right to Property a mere Constitutional Right. Hence statement 1 is correct.
  • It was made a Constitutional right under Article 300A.
  • Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.
  • A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment.

Important Points

  • John Locke has given Three Natural Rights:
  1. Right to Life
  2. Right to Liberty
  3. Right to Property
  • Hence statement 2 is correct.

Related Questions

Which of the following statements are not true about the process of Constitutional Amendment in India?
1. The Parliament can amend the Constitution with a special majority.
2. State Assemblies can propose amendment in the Constitution.
3. A Bill for Constitutional Amendment can be introduced only in the Lower House of the Parliament.
4. Deadlock between the two Houses of Parliament over a Bill for Constitutional Amendment can be removed by a joint session of the Parliament.
5. The President of India enjoys the veto power over Constitutional Amendment Bills passed by the Parliament.
Select the correct answer:
Consider the following statements regarding Constitutional Amendments: 1/ In article 368, two methods of Constitutional Amedment are mentioned 2) Constitutional Amendment Bill can be initiate only in Lok Sabha.  3) In case of any dispute between tow Houses of Parliament on Constitutional Amendment Bill, Joint sitting of both houses can be Summond. 4) The president can not veto a constitutional amendment Bill. Which of the statement/s given above is/are correct?
Consider the following statements- 1. Right to Vote is a legal right and not a fundamental right 2. Right to Property is not a fundamental right. 3. Article 300-A was inserted in the Constitution of India by the 44th constitutional amendment. 4. Article 301 pertains to the Right to Property Which of the statements given above is/are correct?
An electronics shop was selling articles at a high discount. Kajal went to buy 3 articles from the shop. The cost of the first article is 33.33% less than the cost of the 2nd article. The cost of the 3rd article is 300% more than the discount on the 2nd article. The discount on the 1st article is 30% less than the discount on the 3rd article. After the discounts, Kajal receives an additional discount, which is equal to the sum of discounts on the first 2 articles. The discount on the 1st article is 80.55% less than the price of the 3rd article. Which of the following is true if the cost of article 1 is 50% less than the cost of article 3?
Which one of the following has not been provided by the 44th Constitutional Amendment Act of 1978 relating to National Emergency?
Which of the following provisions are added by the 44th Amendment Act, 1978? 1) Right to property deleted from the list of Fundamental Rights 2) National emergency to be declared by only on the written recommendation of the cabinet. 3) The term ‘armed rebellion’ in respect of national emergency was replaced by ‘internal disturbance’. 4) The jurisdiction of the Supreme Court and the high courts in respect of judicial review was re-established.
Which of the following observations on fundamental rights was made by the Supreme Court in K. S. Puttaswamy v. Union of India?
1. There is no overlap between rights enumerated under Article 19 and Article 21 of the Constitution of India.
2. The constitutional values embodied under every Article of Part III of the Constitution of India animates the interpretation of the other.
3. Only Article 21 contains residue of fundamental rights that are not expressly stipulated under Article 19 of the Constitution of India.
Choose the correct option from below:
According to the National Emergency, which of the following changes were made by the 44th Amendment act of 1978?
Consider the following statements with regard to ten percent reservation for economically weak in the general category (a) It was given by the 103rd Constitutional Amendment Act of 2019 (b) The Constitutional Amendment bill was passed by the Parliament on January 9, 2019, by a simple majority. (c) The Constitutional Amendment Act amends articles 14 and 17 of the constitution. Which of the above statements is/are correct?
Which right has been abolished by the 44th Amendment Act, 1978?