The Writ of Quo Warranto I

“A Writ of Quo Warranto cannot be issued on the basis of assumptions, inferences or suspicion regarding the factum of fulfillment of eligibility criteria. Being an extraordinary power, ordinarily such a Writ ought to be issued only on the basis of indisputable facts leading to a singular conclusion that the incumbent was in fact or […]

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Writ Against Order of Tribunals I

My Lord, Is a Tribunal, whose order is challenged in proceedings under Articles 226 and 227 of the Constitution, a necessary party to the proceedings? The issue has been considered in Jogendrasinhji, (2015) 9 SCC 1. The judgment holds thus, the Tribunals, who in law are entitled to defend the orders passed by them, are […]

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Battle of the Articles II: 32/226

“The Court must necessarily abide the parameters which govern a nuanced exercise of judicial power. Hence, where an effort is made to bring issues of governance before the Court, the basic touchstone on which the invocation of jurisdiction must rest is whether the issue can be addressed within the framework of law or the Constitution. […]

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The Writ of Mandamus II

“A Writ of Mandamus is an extraordinary remedy and is intended to supply deficiencies in law and is thus discretionary in nature. The issuance of a Writ of Mandamus pre-supposes a clear right of the applicant and unjustifiable failure of a duty imposed on an authority otherwise obliged in law to imperatively discharge the same. […]

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The Writ of Mandamus I

 My Lord, What is Mandamus? “Mandamus literally means a command. The essence of Mandamus in England was that it was a royal command issued by the King’s Bench (now Queen’s Bench) directing performance of a public legal duty. A Writ of Mandamus is issued in favour of a person who establishes a legal right in […]

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