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Part VI Rights—Structure and Scope, Ch.34 Writs and Remedies

Gopal Subramanium

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

This chapter examines the relevant provisions of the Indian Constitution regarding the power of courts to issue writs and grant remedies, with particular emphasis on Articles 32 and 226. It considers these two provisions and how they empower the Indian Supreme Court and High Courts to issue directions, orders, or writs to any person or authority, and to enforce the fundamental rights. It then considers a number of issues relating to Article 226, such as whether it is confined to governmental institutions and statutory public bodies, along with the question of cause of action and territoriality. It also discusses the Supreme Court’s position on the nature of writ jurisdiction in India, including the writ of mandamus, habeas corpus, certiorari, prohibition, and quo warranto. Finally, the chapter explores the procedural aspects of constitutional remedies by focusing on res judicata, questions of fact, and political questions.

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