Q. What is the position of the Right to Property in India? (UPSC Prelims 2021)
Answer: Legal right available to any person
Notes: The correct answer is [B] Legal right available to any person. The Right to Property has undergone a significant constitutional evolution in India, moving from a Fundamental Right to a Constitutional/Legal Right.

• Legal Right (Correct): Following the 44th Constitutional Amendment Act, 1978, the Right to Property was deleted from the list of Fundamental Rights (formerly Article 19(1)(f) and Article 31). It was re-inserted as Article 300A in Part XII of the Constitution. It states: "No person shall be deprived of his property save by authority of law."
• Available to Any Person (Correct): Article 300A uses the word "person," which in legal and constitutional terms includes both citizens and non-citizens (foreigners), as well as legal entities like corporations. Therefore, it is not restricted to citizens only, unlike certain Fundamental Rights like Article 19 or Article 15.
• Fundamental Right (Incorrect): Since 1978, it is no longer a Fundamental Right. This means a person cannot directly approach the Supreme Court under Article 32 for its violation unless it involves a violation of other Fundamental Rights. However, it remains a Constitutional Right, and an aggrieved person can still approach a High Court under Article 226.
• Authority of Law: The term "authority of law" means that the executive cannot deprive a person of their property by a mere administrative order; there must be a valid law enacted by the legislature to justify such a deprivation.

The shift was intended to facilitate land reforms and the equitable distribution of resources, ensuring that private property rights did not obstruct the state's socio-economic welfare goals.