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Article 19, clause (1) guarantees six fundamental rights to all citizens. These rights are:
(a) The right to freedom of speech and expression;
(b) The right to assemble peaceably and without arms;
(c)The right to form associations or unions;
(d)The right to move freely throughout the territory of India;
(e)The right to reside and settle in any part of the territory of India; and
(g)The right to practise any profession, or to carry on any occupation, trade, or business.
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Why is clause (f) of Article 19 missing? What did it provide for? In 1950, when the Constitution came into force, Article 19(1) guaranteed seven rights. The seventh right, contained in Article 19(1)(f), was the fundamental right to property. This right contained citizens’ right to buy, own and sell property. However, through the 44th Constitutional Amendment in 1978, the right to property ceased to be a fundamental right. Article 19(1)(f) was deleted from the Constitution. At the same time, Article 300A was inserted, which recognises the right to property as a constitutional right. It guarantees that no one can be deprived of their property except as per the procedure laid down in law. So, if someone breaches your right to property, you should approach the High Court under Article 226 of the Constitution of India. To know more about constitutional remedies, check out our explainer. |
