STATES AND MINORITIES 395
ARTICLE II—Section II
REMEDIES AGAINST INVASION OF FUNDAMENTAL RIGHTS
The United States of India shall provide :
Clause 1
(1) That the Judicial Power of India shall be vested in a Supreme Court. Judicial Protection
(2) The Supreme Court shall have the power of against Executive Tyranny. superintendence over all other Courts or officers (For explanation, see exercising the powers of a Court, whether or not page 406) such Courts or officers are subject to its appellate or revisional jurisdiction.
(3) The Supreme Court shall have the power on the application of an aggrieved party to issue what are called prerogative writs such as Hebeas Corpus, Quo Warranto Prohibition, Certiorari and Mandamus, etc. For purposes of such writs the Supreme Court shall be a Court of general jurisdiction throughout India.
(4) The right to apply for a writ shall not be abridged or suspended unless when in cases of rebellion or invasion the public safety may require it.
Clause 2
That the Authority of the Legislature and the Executive of the Union Protection against as well as of every State throughout India shall be Unequal Treatment. subject to the following limitations : (For explanation, see pages 406-8)
It shall not be competent for any Legislature or Executive in India to pass a law or issue an order, rule or regulation so as to violate the following rights of the subjects of the State :
(1) to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property.
(2) to be eligible for entry into the civil and military employ and to all educational institutions except for such conditions and limitations as may be necessary to provide for the due and adequate representation of all classes of the subjects of the State.
(3) to be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, educational institutions, privileges of inns, rivers, streams, wells, tanks, roads, paths, streets, public conveyances on land, air and water, theatres and other places of public resort or amusement except for such conditions and limitations applicable alike to all subjects of every race, class, caste, colour or creed.
(4) to be deemed fit for and capable of sharing without distinction the benefits of any religious or charitable trust dedicated to or created, maintained or licensed for the general public or for persons of the same faith and religion.