Constitutional Lockdown: The Perverse Protection of Fundamental Rights

When you're answering, don't let the simple phrasing fool you - AILET's Q.32 from 2020 asks: "Can a State enact a law under Article 162 of the Constitution, which gives the State Governor power to make laws for the good governance of the State, when such law infringes a Fundamental Right under Part III of the Constitution?" Sounds easy, right? Most students think they can answer this confidently, but the trap lies in understanding the concept of 'good governance.'

The key word here is 'good governance.' The question isn't asking about the State's power to enact laws under Article 162 - that's a given. The question's asking whether the Governor can use this power to infringe a Fundamental Right. Most students get this wrong because they think 'good governance' is a vague term that can justify anything. WRONG.