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  • Reasoning:: Conclusion

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    Harsha Ammineni
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    The document discusses an application submitted under Article 32 of the Indian Constitution for a writ of mandamus regarding the Central Provisions and Berar Act LXIV of 1948. The court must determine whether the act falls within the scope of the saving clause or exceeds its provisions by examining the act and its related provisions. The preamble states the act aims to provide labor measures for bidi manufacturing areas prohibited by deputy commissioners and punishable by imprisonment or fines. The conclusion is that the Supreme Court has the power to protect fundamental rights in the constitution and invalidate legislative acts that violate freedoms guaranteed, and the disputed statute fails the fairness test and is therefore void.

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    The document discusses an application submitted under Article 32 of the Indian Constitution for a writ of mandamus regarding the Central Provisions and Berar Act LXIV of 1948. The court must determine whether the act falls within the scope of the saving clause or exceeds its provisions by examining the act and its related provisions. The preamble states the act aims to provide labor measures for bidi manufacturing areas prohibited by deputy commissioners and punishable by imprisonment or fines. The conclusion is that the Supreme Court has the power to protect fundamental rights in the constitution and invalidate legislative acts that violate freedoms guaranteed, and the disputed statute fails the fairness test and is therefore void.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    14 views1 page

    Reasoning:: Conclusion

    Uploaded by

    Harsha Ammineni
    The document discusses an application submitted under Article 32 of the Indian Constitution for a writ of mandamus regarding the Central Provisions and Berar Act LXIV of 1948. The court must determine whether the act falls within the scope of the saving clause or exceeds its provisions by examining the act and its related provisions. The preamble states the act aims to provide labor measures for bidi manufacturing areas prohibited by deputy commissioners and punishable by imprisonment or fines. The conclusion is that the Supreme Court has the power to protect fundamental rights in the constitution and invalidate legislative acts that violate freedoms guaranteed, and the disputed statute fails the fairness test and is therefore void.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    REASONING:

    Application was submitted under article 32 of the constitution of India for a writ of
    Mandamus. The point of consideration in these applications was whether the Central
    Provisions and Berar Act LXIV of 1948 come within the domain of this saving clause or does
    it exceeds its provision. So, to judge the validity of this argument it is necessary to examine
    the challenged act and its related provisions.

    According to preamble, it is said that it is enacted to provide measures for supply of labour
    for bidi manufacturing areas which deputy commissioner prohibited and the contravention of
    which is punishable either with six months of imprisonment or fine or both.

    CONCLUSION:

    So, it is to be concluded that in matter of fundamental right, the Supreme Court has the
    supreme power to guard the rights mentioned in the constitution. Thus, it has the power to set
    aside the acts of legislature if it violates the freedom guaranteed under constitution. Thus, the
    disputed statute does not stand the test of fairness and therefore void.

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