Right to acquire and hold property
Explanation
Article 21 of the Constitution guarantees the Right to Life and Personal Liberty. The Supreme Court, through judicial activism, has expanded the scope of Article 21 to include various implied rights that are essential for a dignified human existence, transforming it into a repository of human rights.Analysis of Options:
- Right to Water Right to Water: The Supreme Court has repeatedly held (e.g., in Subhash Kumar v. State of Bihar) that the right to life includes the right to the enjoyment of pollution-free water and air. It is considered an integral part of Article 21.
- Right to Health Right to Health: In cases such as Parmanand Katara v. Union of India, the judiciary has interpreted the preservation of life and the right to health/medical aid as fundamental to Article 21.
- Right to Education Right to Education: The Supreme Court in the Unni Krishnan case (1993) declared that the right to education flows from the right to life. This interpretation eventually led to the insertion of Article 21A via the 86th Constitutional Amendment Act.
- Right to acquire and hold property Right to acquire and hold property: This was originally a Fundamental Right under Article 19(1)(f) and Article 31. However, the 44th Constitutional Amendment Act (1978) removed it from Part III. It is now a Constitutional Right (or Legal Right) under Article 300A in Part XII, and is not interpreted as part of the Right to Life under Article 21.
Key Takeaway: The Right to Property is a constitutional right under Article 300A (Part XII), whereas rights such as health, privacy, shelter, and a clean environment are implied Fundamental Rights derived from Article 21.