Correct Option
The correct option is Was not part of the basic structure and could be suitably abridged.
Explanation
The Kesavananda Bharati v. State of Kerala (1973) judgment is the cornerstone of the Basic Structure Doctrine. While the Supreme Court upheld Parliament's power to amend any part of the Constitution under Article 368, including Fundamental Rights, it placed a limitation that such amendments must not alter or destroy the "basic structure" or essential features of the Constitution.
Analysis of the Ruling on Right to Property
- Status of Right to Property: In this judgment, the Supreme Court distinguished between essential features (Basic Structure) and other provisions. The Court held that the Right to Property (then secured under Article 19(1)(f) and Article 31) was not a part of the Basic Structure of the Constitution.
- Parliamentary Power: Since the Right to Property was not considered a basic feature, the Court ruled that Parliament had the authority to abridge, restrict, or remove this right to implement socio-economic reforms, provided the amendment followed the procedure laid down in Article 368.
- Subsequent Development: This judicial stance paved the way for the 44th Constitutional Amendment Act (1978), which eventually removed the Right to Property from the list of Fundamental Rights and made it a constitutional/legal right under Article 300A.
Why other options are incorrect:
- Was part of the basic structure and could not be abridged.: If the Right to Property were part of the Basic Structure, Parliament would have been permanently barred from removing it as a Fundamental Right.
- Could only be removed by a referendum.: The Indian Constitution does not provide for a referendum mechanism for constitutional amendments.
- Was superior to all other Fundamental Rights.: The Right to Property was never held superior to other Fundamental Rights; conversely, it was frequently subjected to amendments to give effect to Directive Principles of State Policy.
Key Takeaway: The Right to Property is not part of the Basic Structure of the Constitution. Therefore, it falls within the amending power of Parliament and can be abridged or repealed.