ARJUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE question which arises in this writ petition at the outset is as to whether the grounds that the petitioner desires to urge could be allowed to be raised in view of the order issued by the President of India suspending the rights of all persons to move any Court for the enforcement of the rights conferred by Article 14 of the Constitution of India, after the proclamation of emergency.

(2.) LEARNED counsel tor the petitioner. Mr. Calla, urged that although the rights conferred by Article 14 cannot be enforced by this Court in view of the Presidential declaration, yet the rights conferred by Article 16 of the Constitution in matters relating to employment and appointment to any office under the State could still be invoked, as the order issued by the President does not affect the provisions of Article 16 of the Constitution,

(3.) IN order to appreciate the rival contentions in their proper perspective, it would be proper to set out relevant provisions and orders. Article 13 of the Constitution of India enacts that all laws in force in the territory of India immediately before the commencement of the Constitution would be void in so far as they are inconsistent with the provisions of Part III of the Constitution, relating to the fundamental rights. It has further been provided that the State shall not make any law so as to take away or abridge the rights conferred by Part III of the Constitution and any law so made in contravention of the provisions of the said Part would be void to the extent of such contravention.