438 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The Honourable Dr. B. R. Ambedkar : Certainly. An emergency does not merely arise when war has taken place—the situation may very well be regarded as emergency when war is threatened. Consequently, if the wording of article 275 was compared with the amendment of Mr. Karimuddin, he will find that practically there is no difference in what article 275 permits the President to do and what he would be entitled to if the amendment of Mr. Karimuddin was accepted. I therefore submit, Sir, that there is no necessity for amendments Nos. 801 and 802. So far as I am concerned No. 801 is entirely against the principle which I have enunciated.
I will take up the amendments of my friend Mr. Kamath, No. 787 read with No. 34 in List III, and the amendment of my friend Mr. Sarwate, No. 783 as amended by No. 43. My friend Mr. Kamath suggested that it was not necessary to particularize, if I understood him correctly, the various writs as the article at present does and that the matter should be left quite open for the Supreme Court to evolve such remedies as it may think proper in the circumstances of the case. I do not think Mr. Kamath has read this article very carefully. If he had read the article carefully, he would have observed that what has been done in the draft is to give general power as well as to propose particular remedies. The language of the article is very clear.
“The right to move the Supreme Court by appropriate proceeding for the enforcement of the rights conferred by this Part is guaranteed.
The Supreme Court shall have power to issue directions or orders in the nature of the writs of......................”
These are quite general and wide terms.
Shri H. V. Kamath : On a point of explanation. Sir. With the accepted amendment of my friend Mr. Baig, the clause will read thus :
“The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus................... ”
The Honourable Dr. B. R. Ambedkar : Yes, the words “directions and orders” are there.
Shri H. V. Kamath : And “writs”.
The Honourable Dr. B. R. Ambedkar : Yes.
While the powers of the Supreme Court to issue orders and directions are there, the draft Constitution has thought it desirable to mention these particular writs. Now, the necessity for mentioning and making reference to these particular writs is quite obvious. These writs have