Article 25 - Page 475

442 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

embodied in the Constitution. I am very glad that this House has seen that the remedies that we have provided constitute a fundamental part of this Constitution. Sir, with these words I commend this article to the House.

Shri H. V. Kamath : On a point of clarification, Sir, as we are dealing with justiciable fundamental rights and the guaranteeing of these by the Supreme Court and in view of the fact that article 280 has also been invoked, will it not be more desirable to say that “the rights guaranteed by this article shall not be suspended wholly or in part” ........ or any similar set of words which the legal luminaries may choose ?

The Honourable Dr. B. R. Ambedkar : “Shall not be suspended” covers both. It is unnecessary to specify it.

The amendment was negatived.


Mr. Vice-President : The question is :

Mr. Vice-President : Amendment No. 787 standing in the name of Mr. Kamath.

Shri H. V. Kamath : In view of the remarks made by Dr. Ambedkar on this matter, I do not wish to press it.

The amendment was, by the leave of the Assembly withdrawn.

Mr. Vice-President: Then we come to amendment No. 789 standing in the name of Mr. Mahboob Ali Baig, but moved by Mr. Naziruddin Ahmad.

The question is :

“That in clause (2) of article 25, for the words “in the nature of the writs of the words ‘or writs, including writs in the nature of be substituted.”

The amendment was adopted.

Mr. Vice-President : Amendment No. 794 standing in the names of Dr. Ambedkar, Mr. Mahdava Rau and Mr. Saadulla.

The question is :

“That for existing clause (3) of article 25, the following clause be substituted :

‘(3) Without prejudice to the powers conferred on the Supreme Court by clause (1) and (2) of this article. Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2) of this article’.”

The amendment was adopted.

Mr. Vice-President : Amendment No. 43 of List 1 standing in the name of Mr. Sarwate.