Correct Option
The correct option isIt is a Constitutional Right under Article 300A.
Explanation
Originally, the Right to Property was guaranteed as a Fundamental Right under Article 19(1)(f) and Article 31 of the Constitution. To facilitate land reforms and reduce litigation, the 44th Constitutional Amendment Act, 1978 abolished the Right to Property as a Fundamental Right and re-established it as a constitutional right under a new provision.
Option Analysis
- It is a Fundamental Right under Article 19. is Incorrect: The 44th Amendment repealed Article 19(1)(f) and Article 31. Consequently, the Right to Property is no longer a Fundamental Right under Part III of the Constitution.
- It is a Constitutional Right under Article 300A. is Correct: The 44th Amendment inserted Article 300A in Part XII of the Constitution. It states, "No person shall be deprived of his property save by authority of law." Since the right is enshrined within the Constitution itself, it is a Constitutional Right. The Supreme Court has also referred to it as a legal right or a human right in various judgments, distinct from a Fundamental Right.
- It is merely a statutory right with no constitutional mention. is Incorrect: A statutory right is one derived solely from a statute (law enacted by the legislature) without specific mention in the Constitution. Since the Right to Property is explicitly provided for in Article 300A, it enjoys a status higher than a mere statutory right.
- It has been completely repealed from the Constitution. is Incorrect: The right was not completely repealed from the Constitution; it was merely relocated from Part III (Fundamental Rights) to Part XII (Finance, Property, Contracts and Suits).
Key Takeaway: The Right to Property is currently a Constitutional Right (or Legal Right) under Article 300A. Unlike Fundamental Rights, it cannot be enforced directly via a writ petition under Article 32 in the Supreme Court, though relief can be sought under Article 226 in High Courts.