Question

Why right to property is a constitutional right, why not a Fundamental right?

Answer 1

1. Fundamental rights are basic rights and are not violated by any law. But constitutional rights are legal rights.
2. A provision to right to property says that ‘no person shall be deprived of his property save by authority of law’.
3. Thus if a law denies a person of his property, there would be no requirement on behalf of the State to pay any compensation.
4. The aggrieved party has no right to go to the court.
5. Thus the right to property is no longer a fundamental right but it is still a constitutional right.