On 9th December 1948, at the Constituent Assembly on Article 25[old] Mr. Nazeeruddin Ahmed spoke as follows;
The only point that I had in mind for that the right to move the Supreme Court by appropriate proceedings is guaranteed. I wanted to allow the people to move other courts also, if there is fundamental rights granted here and if any poor man is forced to move the Supreme Court—
Dr. B. R. Ambedkar: See sub Clause 3
Mr. Nazeeruddin Ahmed: That Sub Clause empower some other specified Court to deal with the subject; but I wanted to make it more general, that the Fundamental Rights should be capable of being enforced by a motion in any Court. In fact all Courts should be open to the people. If there is a Fundamental Rights, which is violated, and if the man whose rights is violated is a poor man, it would be wrong to drive him to the Supreme Court or some other Court duly empowered in this behalf which will be some Superior Court. I want to see all the Courts have the power to decide Fundamental Rights or breaches of rights and this should be given to all Courts; Civil or Criminal. If difficult point of Constitution right is raised in many Civil or Criminal Courts in a small case then that Court should be enabled to decide it immediately instead of that this Clause [1] would force the party to move the Supreme Court or some other selected court duly empowered in this behalf.
“I admit fully that the Drafting of this Amendment is certainly open to the comment that it is little vague but I am suggesting the principle. If the principle is acceptable then the Amendment may be changed accordingly.”
Comment: Fundamental rights are available to everyone but in the event of violation or denial remedy lies only in a far of seat of judgment, so remedy should have equal force in enforcement, therefore, it is suggested the Writ of various kind can be disposed by a Civil Judge or a Magistrate who are at the lowest plane of the Judiciary.