Correct Option
The correct option is It was a hindrance to the welfare of the people and social justice..
Explanation
The removal of the Right to Property from the list of Fundamental Rights was the culmination of a long-standing conflict between the legislature's commitment to agrarian reforms (Directive Principles of State Policy) and the judicial protection of individual property rights.
Detailed Analysis
- It was a hindrance to the welfare of the people and social justice. is Correct: The primary argument presented by the government was that the Fundamental Right to Property acted as a significant hindrance to social justice and the welfare of the people. The government found it difficult to implement land ceiling laws, acquire surplus land for redistribution to the landless, and execute nationalization projects because property owners frequently challenged these moves in court using Fundamental Rights (specifically Articles 19(1)(f) and 31). To prioritize the Directive Principles regarding the equitable distribution of material resources, the right was removed from Part III.
- It was a sacred right that could never be touched. is Incorrect: The government explicitly rejected the notion that property was a "sacred" or absolute right. The legislative stance was that individual property rights must yield to the common good.
- It should be expanded to include intellectual property. is Incorrect: The constitutional debate during the 1970s focused on tangible assets like land and estate, not the inclusion of intellectual property.
- It should be available only to the tillers of the land. is Incorrect: While "land to the tiller" was a specific objective of land reforms, the constitutional justification for the amendment was broader, focusing on removing legal impediments to the state's ability to legislate for public welfare.
Consequently, the 44th Amendment Act, 1978 repealed Article 19(1)(f) and Article 31, re-enacting the Right to Property as a constitutional (or legal) right under Article 300-A in Part XII.
Key Takeaway
The Right to Property was downgraded from a Fundamental Right to a Legal Right to prevent litigation that hindered land reforms and social welfare schemes, ensuring that individual ownership did not obstruct the state's duty to ensure social and economic justice.