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Consider the following statements regarding the rights granted by the Constitution of India: 1. A right can be Constitutional and not necessarily be a Fundamental Right at the same time. 2. The right to property carries itself with a guaranteed right to compensation in case of acquisition of Which of the statements given above is/are incorrect?
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Consider the following statements regarding the rights granted by the ...
Both statements are incorrect.
In the Constitution of India, a right can either be a Fundamental Right or a Constitutional right, but not both at the same time. Fundamental Rights are those rights that are specifically mentioned and guaranteed in Part III of the Constitution and are considered essential to the preservation of individual liberty and dignity. These rights cannot be taken away or abridged by the state except in accordance with the procedures and safeguards prescribed by the Constitution. Examples of Fundamental Rights include the right to equality, freedom of speech and expression, and the right to freedom of religion.
On the other hand, Constitutional rights are those rights that are not specifically mentioned as Fundamental Rights in the Constitution, but are implied by or derived from the provisions of the Constitution. These rights are not as expansive as Fundamental Rights and may be subject to reasonable restrictions.
The right to property is not a Fundamental Right in the Constitution of India. It was originally included as a Fundamental Right in the Constitution, but was removed from this list and made a Constitutional right by the 44th Amendment Act of 1978. As a Constitutional right, the right to property is not as expansive as it was when it was a Fundamental Right, and it may be subject to reasonable restrictions in the interests of the general public. The right to property does not carry with it a guaranteed right to compensation in case of acquisition by the state. Instead, the state is required to pay compensation for the acquisition of private property, but the amount and manner of compensation is subject to negotiation and may not necessarily be equal to the market value of the property.
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Consider the following statements regarding the rights granted by the Constitution of India: 1. A right can be Constitutional and not necessarily be a Fundamental Right at the same time. 2. The right to property carries itself with a guaranteed right to compensation in case of acquisition of Which of the statements given above is/are incorrect?
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