Tuesday 15 September 2020

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 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.



[1] Constitution of India

[2] Article 359 of Ibid

[3] Constitution of India

[4]Ibid

[5] Article 32(4) of the Constitution of India

[6] Article 359 of Ibid

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