ARTICLE II-Section II
REMEDIES AGAINST INVASION OF FUNDAMENTAL RIGHTS
The United States of India shall provide :
Clause I
Judicial Protection against Executive tyranny
For explanation see Explanatory Notes
(1) That the Judicial Power of India shall be vested in a Supreme Court.
(2) The Supreme Court shall have the power of superintendence over all other Courts or officers exercising the powers of a Court, whether or not such Courts or officers are subject to its appellate or revisional jurisdiction.
(3) The Supreme Court shall have the power on the application of an aggrieved party to issue what are called prerogative writs such as Hebeas Corpus, Quo Warranto Prohibition, Certiorari and Mandamus, etc. For purposes of such. writs the Supreme Court shall be a Court of general jurisdiction throughout India.
(4) The right to apply for a writ shall not be abridged or suspended unless when in cases of rebellion or invasion the public safety may require it.
Clause 2
Protection against Unequal Treatment
For explanation see Explanatory Notes
That the Authority of the Legislature and the Executive of the Union as well as of every State throughout India shall be subject to the following limitations:
It shall not be competent for any Legislature or Executive in India to pass a law or issue an order, rule or regulation so as to violate the following rights of the subjects of the State :
(1) to make and enforce contrasts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property.
(2) to be eligible for entry into the civil and military employ and to all educational institutions except for such conditions and limitations as may be necessary to provide for the due and adequate representation of ail classes of the subjects of the State.
(3) to be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, educational institutions, privileges of inns, rivers, streams, wells, tanks, roads, paths, streets, public conveyances on land, air and water, theatres and other places of public resort or amusement except for such conditions and limitations applicable alike to all subjects of every race, class, caste, colour or creed.
(4) to be deemed fit for and capable of sharing without distinction the benefits of any religious or charitable trust dedicated to or created, maintained or licensed for the general public or for persons of the same faith and religion.
(5) to claim full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by other subjects regardless of any usage or custom or usage or custom based on religion and be subject to like punishment, pains and penalties and to none other.
Clause 3
Protection against Discrimination.
For explanation see Explanatory Notes
(1) Discrimination against citizens by Government officers in Public administration or by private employers in factories and (For explanation see page 408) commercial concerns on the ground of race or creed or social status shall be treated as an offence. The jurisdiction to try such cases shall be vested in a tribunal to be created for the purpose.
(2) The Union Legislature shall have the right as well as the obligation to give effect to this provision by appropriate legislation.
Clause 4
Protection against Economic Exploitation.
For explanation see Explanatory Notes
The United States of India shall declare as a part of the law of its constitution—
(1) That industries which are key industries or which may be declared to be key industries shall be owned and run by the State ;
(2) 'That industries which are not key industries but which are basic industries shall be owned by the State and shall be run by the State or by Corporations established by the State ;
(3) That Insurance shall be a monopoly of the State and that the State shall compel every adult citizen to take out a life insurance policy commensurate with his wages as may be prescribed by the Legislature;
(4) That agriculture shall be State Industry;
(5) That State shall acquire the subsisting rights in such industries, insurance and agricultural land held by private individuals, whether us owners, tenants or mortgagees and pay them compensation in the form of debenture equal to the value of his or her right in the land. Provided that in reckoning the value of land, plant or security no account shall be taken of any rise therein due to emergency, of any potential or unearned value or any value for compulsory acquisition;
(6) The State shall determine how and when the debenture holder shall be entitled to claim cash payment;
(7) The debenture shall be transferable and inheritable property but neither the debenture holder nor the transferee from the original holder nor his heir shall be entitled to claim the return of the land or interest in any industrial concern acquired by the State or be entitled to deal with it in any way;
(8) The debenture-holder shall be entitled to interest on his debenture at such rate as may be defined by law, to be paid by the State in cash or in kind as the State may deem fit;
(9) Agricultural industry shall be organized on the following basis:
(i) The State shall divide the land acquired into farms of standard size and let out the farms for cultivation to residents of the village as tenants (made up of group of families) to cultivate on the following conditions:
(a)The farm shall be cultivated as a collective farm ;
(b)The farm shall be cultivated in accordance with rules and directions issued by Government;
(c) The tenants shall share among themselves in the manner prescribed the produce of the farm left after the payment of charges properly leviable on the farm;
(ii) The land shall be let out to villagers without distinction of caste or creed and in such manner that there will be no landlord, no tenant and no landless labourer ;
(iii) It shall be the obligation of the State to finance the cultivation of the collective farms by the supply of water, draft animals, implements, manure, seeds, etc.;
(iv) The State shall be entitled to—
(a) to levy the following charges on the produce of the farm: (i) a portion for land revenue; (ii) a portion to pay the debenture-holders ; and (iii) a portion to pay for the use of capital goods supplied; and
(b) to prescribe penalties against tenants who break the conditions of tenancy or wilfully neglect to make the best use of the means of cultivation offered by the State or otherwise act prejudicially to the scheme of collective farming;
(10) The scheme shall be brought into operation as early as possible bat in no case shall the period extend beyond the tenth year from the date of the Constitution coming into operation.
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