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competition

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AHC RO/ARO TYPING TEST(judgement) BY MR Sanguine007

created Sep 11th 2021, 08:17 by Sanguine 007 (Sanguine007)


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504 words
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The fundamental rights were considered of such importance that right was given to an
aggrieved person to move the highest court of the land, i.e., the Supreme Court, by appropriate
proceedings for the enforcement of the rights conferred by this part, and this right was guaranteed.
Article 32(2) confers very wide powers on the Supreme Court, to issue directions or orders or writs
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Article 32(4) further provides that "the right guaranteed by this article shall not be suspended except
as otherwise provided for by this Constitution.
139. Article 33 enables Parliament by law to "determine to what extent any of the rights conferred by
this Part shall, in their application to the members of the Armed Forces or the Forces charged with
the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of
their duties and the maintenance of discipline among them.
140. This articles shows the care with which, the circumstances in which, fundamental rights can be
restricted or abrogated were contemplated and precisely described.
141. Article 34 enables Parliament, by law, to indemnify any person in the service of the Union, or of
a State or any other person in connection with acts done while martial law was in force in a
particular area.
142. Part IV of the Constitution contains directive principles of State policy. Article 37 specifically
provides that "the provisions contained in this Part shall not be enforceable by any court, but the
principles therein laid down are nevertheless fundamental in the governance of the country and it
shall be the duty of the State to apply these principles in making laws." This clearly shows, and it has
also been laid down by this Court, that these provisions are not justiciable and cannot be enforced
by any Court. The Courts could not, for instance, issue a mandamus directing the State to provide
adequate means of livelihood to every citizen, or that the ownership and control of the material
resources of the community be so distributed as best to subserve the common good, or that there
should be equal pay for equal work for both men and women.
143. Some of the directive principles are of great fundamental importance in the governance of the
country. But the question is not whether they are important; the question is whether they override
the fundamental rights. In other words, ran Parliament abrogate the fundamental rights in order to
give effect to some of the directive principles?
144. I may now briefly notice the directive principles mentioned in Part IV. Article 38 provides that
"the State shall strive to promote the welfare of the people by securing and protecting as effectively
as it may a social order in which justice, social, economic and political, shall inform all the
institutions of the national life." Now, this directive is compatible

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