Question 35 of 52 · Fundamental Rights
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SSC

The Right to Property was removed from the list of Fundamental Rights when the Prime Minister was:

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Answer: Option A — Morarji Desai

Detailed Solution

The Right to Property was removed from Part III of the Constitution by the 44th Constitutional Amendment Act, 1978, passed by the Janata Party government headed by Morarji Desai.

What the 44th Amendment did on property:

  • It repealed Article 31 and deleted Article 19(1)(f).
  • It inserted a new Article 300A in Part XII, saying that no person shall be deprived of his property save by authority of law.
  • Property thus became a constitutional (legal) right, not a Fundamental Right.

Why the change was made:

  • Many land reform and nationalisation laws had been challenged in court on the ground of the right to property.
  • Removing it from Part III made it easier to implement social and economic reforms.

Other important changes by the 44th Amendment:

  • "Internal disturbance" was replaced by "armed rebellion" as a ground for National Emergency.
  • A National Emergency can be proclaimed only on the written advice of the Cabinet.
  • Articles 20 and 21 cannot be suspended during an emergency.
  • The term of the Lok Sabha and state assemblies was restored to five years.

About Morarji Desai:

  • He was the first non-Congress Prime Minister of India, serving from 1977 to 1979.
  • He had earlier been Deputy Prime Minister and Finance Minister.
  • He is the only Indian to have received both the Bharat Ratna and Pakistan's highest civilian award, the Nishan-e-Pakistan.
  • He presented the Union Budget ten times, the most by any finance minister.

After the change:

  • A person who loses property cannot move the Supreme Court under Article 32 for that reason alone.
  • He can, however, approach a High Court, since the State must act under the authority of a law.

Why not the other options?

  • ✗Indira Gandhi led the government that passed the 42nd Amendment.
  • ✗Charan Singh became Prime Minister after Morarji Desai resigned.
  • ✗Rajiv Gandhi became Prime Minister later.

Quick tip

Remember: Right to Property removed by the 44th Amendment (1978) under Morarji Desai; now a legal right under Article 300A.

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Fundamental Rights — Preparation

This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.