What is the position of the Right to Property in India?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2021, Q44

Contents17
UPSC Prelims GS2021Indian Polity
  1. ALegal right available to citizens only
  2. BLegal right available to any person
  3. CFundamental Right available to citizens only
  4. DNeither Fundamental Right nor legal right
Show answer

Answer: (B) Legal right available to any person

Article 300A states:

'No person shall be deprived of his property save by authority of law.'

The key word is 'person' — not 'citizen.'

This means Right to Property is available to all persons in India, including foreigners.

It was originally a Fundamental Right under Article 31, but the 44th Amendment (1978) removed it from Fundamental Rights, making it a constitutional/legal right under Article 300A.

Since it says 'person' not 'citizen,' it is a legal right available to any person.

Answer: (b).

Why this was asked

Right to Property was removed as a Fundamental Right by the 44th Amendment in 1978 but retained as a legal right under Article 300A.

Article 300A uses 'person' not 'citizen', meaning foreigners can also own property in India subject to legal restrictions.

The question tests whether students know the difference between constitutional rights available to 'persons' versus 'citizens' and the current status after the 44th Amendment.

Right to Property: Constitutional Evolution

Indian Polity Right to Property Article 300A 44th Amendment

Right to Property: From Fundamental Right to Legal Right

Must know

Right to Property is a legal right available to any person (including foreigners) under Article 300A

Originally Fundamental Right under Article 31, removed by 44th Amendment Act 1978

Key phrase: 'No person shall be deprived of property save by authority of law' - covers citizens and non-citizens

Good to know

Cannot be suspended during Emergency unlike when it was a Fundamental Right

Constitutional Journey

The Right to Property has undergone the most dramatic transformation in Indian constitutional history. What began as a Fundamental Right is now a constitutional legal right with broader coverage but reduced enforceability.

Before vs After 44th Amendment

Aspect

Before 1978 (Article 31)

After 1978 (Article 300A)

Status

Fundamental Right

Legal/Constitutional Right

Coverage

Citizens only

Any person (including foreigners)

Enforcement

Supreme Court under Article 32

Regular courts

Emergency Impact

Could be suspended

Cannot be suspended

Amendment Difficulty

Required constitutional amendment

Can be modified by ordinary law

Why the Change Happened

Janata Party government wanted to reduce judicial intervention in land reforms and nationalization policies

Article 31 was being used to challenge progressive economic legislation in courts

The amendment aimed to balance individual property rights with state's power for social justice

Retained as constitutional right to prevent arbitrary deprivation while reducing judicial review scope

Question Connection

This question tests the precise current status post-44th Amendment. The trap lies in confusing 'person' with 'citizen' and 'legal right' with 'Fundamental Right'. Article 300A's language is deliberately inclusive.

Exam traps

Trap: Assuming Right to Property is still a Fundamental Right - removed in 1978

Trap: Thinking it's available to citizens only - Article 300A says 'person', covering foreigners too

Trap: Believing it's 'neither fundamental nor legal' - it remains a constitutional legal right

Trap: Confusing Article 31 (old, removed) with Article 300A (current provision)

Person vs Citizen in Constitutional Rights

Indian Polity person citizen

Constitutional Distinction: Person vs Citizen Rights

Must know

'Person' includes citizens, foreigners, legal entities; 'Citizen' means Indian nationals only

Rights using 'person' available to all; rights using 'citizen' restricted to Indians

Articles 14, 20, 21, 21A, 22, 23, 24, 25, 300A use 'person' - universal coverage

Constitutional Language Precision

The Constitution uses 'person' and 'citizen' with deliberate precision. This distinction determines whether foreigners, corporations, and other legal entities can claim specific rights in Indian courts.

Rights by Coverage Type

Coverage

Key Articles

Rights Included

Available to Foreigners?

Person

14, 20, 21, 21A, 22, 300A

Equality, Life & Liberty, Education, Property

Yes

Citizen

15, 16, 19, 29, 30

Non-discrimination, Public Employment, Six Freedoms, Cultural Rights

No

Mixed

23, 24

Prohibition of trafficking and child labor

Yes

Practical Implications

Foreign nationals can approach Indian courts for violation of Articles 14, 20, 21, and 300A

Corporations and legal entities are considered 'persons' for constitutional purposes

Right to Freedom (Article 19) is exclusively for citizens - foreigners cannot claim freedom of speech, assembly, or movement

Cultural and educational rights (Articles 29-30) protect only citizen minorities, not foreign minorities

Exam traps

Trap: Assuming fundamental rights are only for citizens - many use 'person' and cover all

Trap: Thinking foreigners have no constitutional rights in India - they have person-based rights

Trap: Confusing Article 21 (person - universal) with Article 19 (citizen - restricted)

Trap: Believing corporations cannot claim rights - they are legal 'persons' under Constitution

44th Constitutional Amendment Act 1978

Indian Polity 44th Amendment

44th Amendment: Post-Emergency Constitutional Reforms

Must know

Passed by Janata Party government in 1978 to undo Emergency-era constitutional damage

Removed Right to Property from Fundamental Rights, added Article 300A as legal right

Made 'internal disturbance' insufficient for Emergency - requires 'armed rebellion'

Good to know

Restored judicial review powers and fundamental rights protection during Emergency

Post-Emergency Context

The 44th Amendment was the Janata Party's response to Indira Gandhi's Emergency (1975-77). It aimed to prevent future constitutional misuse while balancing individual rights with state power for economic reforms.

Key Changes by 44th Amendment

Constitutional Provision

Before Amendment

After Amendment

Impact

Right to Property

Article 31 (Fundamental Right)

Article 300A (Legal Right)

Reduced judicial intervention in land reforms

Emergency Declaration

'Internal disturbance' sufficient

Requires 'armed rebellion'

Higher threshold for Emergency

Fundamental Rights during Emergency

Articles 20, 21 could be suspended

Articles 20, 21 cannot be suspended

Core rights always protected

Presidential Term

Could continue during Emergency

Must end in 6 years maximum

Prevents indefinite rule

Reduced scope for property-based litigation against government economic policies and land redistribution

Strengthened democratic safeguards by making Emergency declaration more difficult

Restored balance between individual rights and state power after Emergency period imbalance

Set precedent that Emergency-era amendments could be reversed by subsequent democratic governments

Exam traps

Trap: Confusing 42nd Amendment (Emergency-era) with 44th Amendment (post-Emergency reforms)

Trap: Thinking 44th Amendment completely removed Right to Property - it retained it as legal right

Trap: Assuming all Emergency provisions were changed - only key problematic ones were modified

Trap: Missing that Articles 20-21 protection was a major 44th Amendment achievement

Indian Polity Fundamental Right legal right

Constitutional Hierarchy: Fundamental vs Legal Rights

Must know

Fundamental Rights (Part III) are basic human rights with constitutional guarantee and Supreme Court enforcement

Legal Rights are created by ordinary legislation or constitutional provisions outside Part III

Article 32 ('Right to Constitutional Remedies') applies only to Fundamental Rights violations

Good to know

Emergency cannot suspend legal rights like Article 300A, but can suspend most Fundamental Rights

Constitutional Framework

India's Constitution creates a hierarchy of rights. Fundamental Rights (Articles 12-35) form the constitutional core with special protection, while legal rights exist through legislation or other constitutional provisions with regular judicial enforcement.

Aspect

Fundamental Rights

Legal Rights

Constitutional Location

Part III (Articles 12-35)

Other parts or legislation

Enforcement Court

Supreme Court under Article 32

Regular courts through normal process

Amendment Process

Constitutional amendment required

Ordinary legislation can modify

Emergency Impact

Most can be suspended (except 20, 21)

Cannot be suspended

Remedies Available

Writs (habeas corpus, mandamus, etc.)

Regular civil/criminal remedies

State Obligation

Negative duty (state cannot violate)

Positive/Negative depending on right

Examples & Practical Differences

Right to Property (Article 300A) - legal right, cannot approach SC directly under Article 32

Right to Information - legal right created by RTI Act 2005, not constitutionally guaranteed

Right to Education (Article 21A) - Fundamental Right, can be enforced through Supreme Court

Consumer rights - legal rights under Consumer Protection Act, regular court jurisdiction only

Exam traps

Trap: Assuming all constitutional rights are Fundamental Rights - only Part III rights qualify

Trap: Thinking legal rights are weaker - they have different enforcement, not necessarily less protection

Trap: Confusing Article 32 scope - applies only to Fundamental Rights, not all constitutional provisions

Trap: Believing Emergency affects all rights equally - legal rights like 300A remain unaffected