12)What does the Article 21-A indicate in Indian constitution ?
13)Why is the appearance of Dew and logs common in winter ?
14) What is soil erosion ?
15)What is progressive tax policy?
Answers
Answer:
12.
Explanation:
.
ARTICLE 21 AND THE EMERGENCY
In A.D.M. Jabalpur v. S. Shukla[xcviii], Popularly known as habeas corpus case, the supreme court held that article 21 was the sole repository of the right to life and personal liberty and therefore, if the right to move any court for the enforcement of that right was suspended by the presidential order under Article 359, the detune would have no locus standi to a writ petition for challenging the legality of his detention.
Such a wider connotation given to article 359, resulted in the denial of the cherished right to personal liberty guaranteed to the citizens. Experience established that during the emergence of 1975, the fundamental freedom of the people had lost all meanings.
In order that it must not occur again, the constitution act, 1978, amended article 359 to the effect that during the operation of the proclamation of emergency, the remedy for the enforcement of the fundamental right guaranteed by article 21 would not be suspended under a presidential order.
In view of the 44th amendment, 1978, the observation made in the above-cited judgments are left merely of academic importance.
- A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.