What is the position of the Right to Property in India?
Explanation
The status of property ownership in India transitioned fundamentally through constitutional amendment:
– The Right to Property was originally a Fundamental Right under Article 19(1)(f) and Article 31.
– The 44th Constitutional Amendment Act, 1978 repealed Article 19(1)(f) and Article 31, omitting it from Part III (Fundamental Rights).
– Simultaneously, it inserted Article 300A into Part XII under the heading ‘Right to Property’, which provides that ’No person shall be deprived of his property save by authority of law’.
– Because Article 300A employs the term ‘person’ rather than ‘citizen’, this constitutional and statutory protection extends equally to non-citizens, legal entities, and foreign nationals.
Hence, it represents a legal right available to any person — Option B.