368024

These Sir, in general, are some of the more important fundamental rights guaranteed in so many words by the Constitution. There are others, but it is not necessary to recapitulate them. May I ask what earthly purpose could be served by suspending these rights ? In most cases, the suspension of these rights as I have pointed out would lead to absurdities and in some cases to serious injustice, without in any way helping the State to come out of the emergency. In these circumstances, I submit that the suspension of these rights is not only unnecessary but would lead to hardship and injustice and in many cases to patent absurdities. But my amendment makes some exception in the case of articles 13 and 16. Article 13 deals with the right of freedom of speech, freedom of assembly and so on. These rights may, during an emergency, have to be curtailed in the interest of the State itself. Similarly freedom of trade guaranteed under article 16 may have to be restricted on public grounds. In an emergency consumer goods may be concentrated in the hands of a few who may use them for purposes of blackmailing. So it may be necessary for the State, to interfere with this right during an emergency. I have therefore by my amendment provided that the rights guaranteed under article 13 and 16 may be suspended during an emergency.

Leave a Reply

Your email address will not be published. Required fields are marked *