Also, made the restrictions‘reasonable' and thus, Justiciable in nature.
The Directive Principles of State Policy are not Justiciable.
If they would be listed as duties,
how would a Constitution make them Justiciable?
However, the court also found that the issues raised by the challenge were Justiciable.
Though these are not Justiciable in the Court but these are essential for governance nonetheless.
These rights being fundamental rights are Justiciable in court and the Government is obliged to follow the same.
This means to make them part of fundamental Justiciable rights, which cannot be violated by anyone under any circumstances.
But the court said it was“firmly of the opinion” that the question of the“lawfulness of the
Prime Minister's advice to Her Majesty is Justiciable”.
Whether a question is“Justiciable,” or subject to resolution in a court of law,
is always a significant hurdle for litigation that raises complex, costly and political questions.
After Joginder Kumar's pronouncement of the Supreme Court the question 54 whether the power of arrest has been exercised reasonably or
not is clearly a Justiciable one.
Under the 1993 Act, human
rights are defined in Section 2(d) and are those Justiciable rights which can be enforced in a court of law in India.
Ø After Joginder Kumar's pronouncement of the Supreme Court the question 54 whether the power of arrest has been exercised reasonably or
not is clearly a Justiciable one.