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Consider the following statements.
1. The Right to Property stands as a non enforceable Right now.
2. The Right to Property is a part of basic structure doctrine of the Constitution.
3. Fundamental rights can only be changed by effecting amendments to the Constitution. Which of the above statements is/are correct?
1 and 3
3
2 and 3
1,2 and 3
In 1973, the Supreme Court gave a decision that the right to property was not part of the basic structure of the Constitution and therefore, parliament had power to abridge this right by an amendment. In 1978, the 44th amendment to the Constitution removed the right to property from the list of Fundamental Rights and converted it into a simple legal right. While ordinary legal rights are protected and enforced by ordinary law, Fundamental Rights are protected and guaranteed by the constitution of the country. Ordinary rights may be changed by the legislature by ordinary process of law making, but a fundamental right may only be changed by amending the Constitution itself.
By: Ankit ProfileResourcesReport error
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