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Arup (UNEMPLOYED)     30 June 2010

difference between fundamental / constitutional right

Where lies the difference between ‘a fundamental right’ & ‘a constitutional right’?

Art. 300A shifted from Fundamental right to Constitutional right vide forty-fourth amendment act, 1978.

“CHAPTER IV : RIGHT TO PROPERTY.

300A. Persons not to be deprived of property save by authority of law. – No Person shall be deprived of his property save by authority of law.”

What is the constitutional meaning of the words ‘save by authority of law’.



Learning

 4 Replies

Bhartiya No. 1 (Nationalist)     01 July 2010

Right to hold, dispose property was a fundamental right under article 19(1)(f) of the constitution, but it has been reduced to mere a legal right.
 

1 Like

pratik (self working)     22 March 2011

more info on the above topic also sirji I why a fundamental right was trf to  constitutional right’?

also what actually mean by constitutional right?  whether it is appealable or not ?

1 Like

Democratic Indian (n/a)     22 March 2011

"why a fundamental right was trf to  constitutional right’?"


To defeat the very purpose of having the Constitution guarantee the Fundamental Right from violation by State, to make the life of people miserable and to make the life of corrupt merrier.


Another extremely important Human and Fundamental Right, the Right to Keep and Bear Arms even though is guaranteed by our Constitution, was/is cleverly undermined from citizens to aid the corrupt and undemocratic people. I have tried to explain at https://www.lawyersclubindia.com/forum/JOIN-FORCES-AGAINST-CORROUPTION-33799.asp


"also what actually mean by constitutional right?"


Constitutional right is "granted" by Constitution. They are not prexisting. Example: Right to Vote. You cannot approach courts for their violation under Article 32 or 226.


Fundamental Rights are not "granted" by any Constitution or government document. They are prexisting. Without Fundamental Rights, the life of people becomes miserable. Because Fundamental Rights are so fundamental for peace, happiness and security of people, these are the rights that are most likely to violated by State to cause hardships to citizens. Hence these rights are merely "guaranteed" by Constitution from being violated by State.

 

“The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.” – Thomas Jefferson

1 Like

Mandeep Singh (Student)     14 April 2011

save by authority of law’ here means "except by authority of law"in my opinion as per English language.

1 Like

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