If a Judge, without any reason, orders the members of say one political party out of his Court, those so ordered may seek to enforce their fundamenta… - Mohammad Hidayatullah

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If a Judge, without any reason, orders the members of say one political party out of his Court, those so ordered may seek to enforce their fundamental rights against him and it should make no difference that the order is made while he sits as a Judge. Even if appeal lies against such an order, the defect on which relief can be claimed, is the breach of fundamental rights.

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About Mohammad Hidayatullah

Mohammad Hidayatullah OBE (Hindi: मुहम्मद हिदायतुल्लाह, Urdu: محمّد ہدایت اللہ‎) (December 17, 1905 – September 18, 1992) was the eleventh Chief Justice of India, serving from February 25, 1968 to December 16, 1970, and the sixth Vice-President of India, serving from August 20, 1979 to August 20, 1984. As the Chief Justice of India, he had also served as the Acting President of India from July 20, 1969 to August 24, 1969.

Also Known As

Native Name: محمّد هدایة اللہ‎
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In his leading majority judgment in Madhav Rao Scindia v. Union of India (AIR 1971 SC 530), popularly known as Privy Purse case, he held that the Order of the President directing that Madhavrao Scindia would cease to be recognised as the Ruler of Gwalior on and with effect from the date of the said order was ultra virus. This declaration of law resulted in restoration of the Privy Purses received by the Rulers and also ensured continuance of their personal privileges.

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He had been an extremely thorough and patient Judge with unremitting industry and keen sense to discover truth and do justice. Law, liberty and justice were upheld with consummate ability and independence by His Lordship. On public controversies, some of his judgments are thought provoking. He disputed the correctness of any attempt to whittle down fundamental rights while making it clear that the right to property was not forever sacrosanct. The distinction between the law and order and the public order, has been brought out succinctly in his reported judgments.

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