The Suspension of ‘Right to move’ (Article 32) for the
enforcement of the human or fundamental rights & the mentioned rights under
Part 03 of the Constitution: -The Law relating to
Human Rights &its Enforcement system are available for all beyond all kinds
of distinctions or discriminations or biases but under some relevant&
justified exceptions in India. With this relation, the enforcement of human or
fundamental rights as placed under Part –III[1]
may be suspended during emergency (ies) by order of the President of India but
except the articles 20 & 21 & all procedures which are pending in any
Court for the enforcement of the rights as mentioned above said shall also be
suspended during the period of emergency (ies) or such shorter period as may be
specified in the order.[2]
The provisions of article 19[3]
shall also be suspended during emergency (ies), the article 358[4]
reveals so especially for the article 19. The right which has been guaranteed
under article 32 shall not be suspended[5]
but the same right may be suspended in the case of the emergency which as
contained in the Constitution.[6]
The Supreme Court of India is also having power or jurisdiction for ‘Judicial
Review’, ‘Judicial Activism’ ‘Public Interest Litigation’ by which also the
human or fundamental rights are enforced or implemented in the interest and
welfare of people.
The
Supreme Court of India is playing the most significant role, by performing its
conferred power or jurisdiction under article 32 which is highly worth
remarking and appreciating but it absolutely is not free from the exceptions or
criticisms because many reasons or causes are behind the same which shall be
explained hereinafter in this chapter.
No comments:
Post a Comment