Question

Which of the following is a legal right and not a fundamental right?

• A. Right to Liberty of thought and expression.
• B. Right against exploitation.
• C. Right to property.
• D. Right to practice religion.

Hint:

This right was removed from Part III of the Constitution by a constitutional amendment in 1978.

Answer 1

The Correct Option is C

This question tests knowledge of the Indian Constitution and one of the important changes made to the list of Fundamental Rights.

1. Right to Liberty of thought and expression: This right is protected as a fundamental right under Article 19 of the Constitution, so this option is not the answer.
2. Right against exploitation: This is guaranteed as a fundamental right under Articles 23 and 24, covering things like the ban on forced labour and child labour, so this is not the answer either.
3. Right to property: The right to property was originally a fundamental right under Article 19 and Article 31, but the 44th Constitutional Amendment Act of 1978 removed it from the list of fundamental rights. It is now only a legal right, protected under Article 300A, which means it can be taken away by an ordinary law, unlike a fundamental right.
4. Right to practice religion: This is a fundamental right guaranteed under Articles 25 to 28, so this option is not correct.

Since the right to property is protected only as a legal right and not as a fundamental right, it is the answer being asked for.

Let's summarize:

• The right to property was removed from the list of fundamental rights by the 44th Amendment in 1978.
• It now exists only as a legal right under Article 300A of the Constitution.
• The other three rights listed remain fundamental rights.

The correct answer is option 3, Right to property.