Right to the property was eliminated from the list of Fundamental Rights during the tenure of

All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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90.

Right to the property was eliminated from the list of Fundamental Rights during the tenure of

A: Indira Gandhi

B: Charan Singh

C: Rajiv Gandhi

D: Morarji Desai

The answer is: D

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Explanation

The correct option is D: Morarji Desai.

Right to property was removed from the list of Fundamental Rights during the tenure of Morarji Desai by the 44th Constitutional Amendment Act in 1978. This amendment also inserted Article 300 A in the Constitution, which made right to property a legal right but not a fundamental right. The Supreme Court of India has recently ruled that right to property is a human right and the state cannot take possession of a person's private property without following due process of law.