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Relief & Remedies Available Under Law of Writs by Yogesh V Nayyar
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Book Overview
The right to constitutional remedies as we know is a guarantor of all other fundamental rights available to the people of India. In addition to the above, the Constitution also provides for the parliament to confer power on the Supreme Court to issue writs, for the purpose of protection of Fundamental rights.
Similarly High Courts in India are also empowered to issue writs for the enforcement of any of the rights conferred by Part III and for any other purpose.
Under the Indian legal system, jurisdiction to issue 'prerogative writs' is given, at present, to the Supreme Court of India and the High Courts of Judicature of all Indian States. Parts of the law relating to writs are set forth in the Constitution of India. The Supreme Court, the highest Court in the country, may issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights, and under Article 139 for enforcement of rights other than Fundamental Rights, while High Courts, the superior courts of the States, may issue writs under Articles 226. The Constitution broadly provides for five kinds of "prerogative" writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition.
Yet another aspect which crops up is amenability & availability of relief and remedies that can be sought for under the writs. Though despite under Article 32 Supreme Court can issue the writs whereas under Article 226 High Court has the authority to issue writs, yet the important factor is what all reliefs can be sought for under Article 226 & Article 227 of The Constitution of India, 1950; in absence of any specific provision of Appeal, & Revision both under Civil & Criminal proceedings is of utmost importance.
The book is written thus with an intent explaining the cases wherein writ petition is maintainable in absence of a specific provision of Appeal, & Revision both under Civil & Criminal proceedings, encompassing the judgments delivered by Hon'ble Supreme Court of India & High Courts.
The book shall be of great help to every Lawyer, Prosecution, and Judiciary and to the entire legal fraternity.
