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2.

WHETHER THE ESTABLISHMENT IS VIOLATIVE OF FUNDAMENTAL


RIGHTS?

It is humbly submitted that the Part III of the Indian constitution talks about the fundamental
rights granted and guaranteed to the citizens. Fundamental Right is a necessary consequence of
the declaration in the preamble to the constitution that the people of India have solemnly
resolved to constitute India into a sovereign, socialist, Democratic, Republic and to secure to all
citizens justice, economic and political; liberty of thought and expression, belief, faith and
worship; equality of status and opportunity.
The fundamental rights hold a great importance since it is justiciable. Under the article 32 of the
fundamental rights impart to the citizens of India the right to move to the court in case of
violation or infringement of these rights. The writ petition under art.32 is enforceable only when
there has been a breach of fundamental rights.

ARGUEMENT ADVANCED

I. WHETHER THE PETITION IS MAINTABLE BEFORE THE HON’BLE SUPREME


COURT?

It is humbly submitted to the hon’ble supreme court that under Article 32 of the Indian
constitution is fundamental right which gives the aggrieved the right to move to the supreme
court for the effective remedy for the enforcement of his fundamental rights if it has been
violated. Article 32 (1) guaranteed the right to move to the supreme court by “appropriate
proceeding” for the enforcement of the fundamental right conferred in the part III of the

constitution. Only those proceedings are appropriate which invoke, by original petition, the
jurisdiction of the supreme court to issue, according to the nature of the case, writs or orders or
directions of the types described in clause (2)

.
2. WHETHER THE ESTABLISHMENT IS VIOLATIVE OF FUNDAMENTAL
RIGHTS?

It is humbly submitted that the Part III of the Indian constitution talks about the fundamental
rights granted and guaranteed to the citizens. Fundamental Right is a necessary consequence of
the declaration in the preamble to the constitution that the people of India have solemnly
resolved to constitute India into a sovereign, socialist, Democratic, Republic and to secure to all
citizens justice, economic and political; liberty of thought and expression, belief, faith and
worship; equality of status and opportunity.
The fundamental rights hold a great importance since it is justiciable. Under the article 32 of the
fundamental rights impart to the citizens of India the right to move to the court in case of
violation or infringement of these rights. The writ petition under art.32 is enforceable only when
there has been a breach of fundamental rights.