1) Laws inconsistent with the fundamental rights;
2) Laws in derogation of the fundamental rights;
The above two types of laws are attracted by the article 13 of the C.O.I.
Now come to the clause 2 of art 13;
· The State shall not make any law
· Which takes away or abridges the rights conferred by this Part
· law made in contravention of this clause shall, to the extent of the contravention,
· be void.
Which means
In your plaint, you have to explain, how the law or it’s part, takes away (abridges) the rights conferred by this Part ie, fundamental rights under art 14 to 32. If the court satisfied with your argument then the whole law or it’s part - will be void.
According to your question:-
· Mines and minerals act - it is denying the rights of some people, this act, included in the 9th schedule.
Now question is, whether the said rights are fundamental according to constitution or not?
· if there is a violation of part III of constitution and it is shattered by the advocate in the court.
Now the question is, whether the court is The Supreme Court and the prayer is under art 13, 32 read with other concerned articles or not. If not, no question of judgement on it possible, as because only The Supreme Court possess that power and no other court of India.
· this violation towards the people remains strong
This matter (violation – whether violated any of the fundamental right or not) to be judged by the SC only.
· Is there any alternative power or way from the part of any institutions or judges or court or any one?
No.