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" "Liberty of the Individual has to be Fundamental and it has been so declared by the people... To change the Fundamental part of Individual's liberty is a usurpation of constituent functions because they have been placed outside the scope of the power of the constituted Parliament.
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.
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I chose the title of the book from Oliver Wendel Holme’s subtitle to his Aristocrat of the Breakfast Table; Every man His own Boswell. I was a miscellanist before I attempted a full length book. I learnt the art of narration from Boswell. After all even Macaulay, in spite of many hard things he said of Boswell, did acknowledge that he was the first of biographers and the world has since considered him the greatest.
His was the variegated and distinguished career of the eminent jurist, scholar, educationist, author and linguist. During his life span of four score and seven years symbolised significant achievement at each important stage, bringing honour and glory not only to himself but also to the institutions which he served and to our country.
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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.