Description
Lexis Nexis Writs And Other Constitutional Remedies by Asim Pandya
One cannot imagine enforcing a right without the existence of a remedy. This book gives an insight into the opposite facet of a 'right', ie, a remedy, and discusses in detail the jurisdiction of the high court under art 226 of the Constitution of India with various legal aspects—substantive and procedural, connected with it. This book features the subtle aspects of each constitutional remedy. The fine nuances of each fundamental right have been thoroughly and the scope of judicial review in the context of the violation of a fundamental right by an executive action, a quasi-judicial decision and a legislative action have also been explained. In India, the jurisdiction of the high court under article 226 is invoked in myriad situations, asserting infringement of fundamental rights. In what type of cases a person can invoke the jurisdiction under article 226 as a right, and in cases he cannot, is a vexed problem of perennial nature. To resolve this particular problem, the author has attempted to suggest theories, described by him as 'theory of a clear and direct violation of a fundamental right' and 'theory of an indirect and incidental violation of a fundamental right'. The provision of article 227 has been dealt with exhaustively and with utmost clarity. Important issues like public interest litigation, locus standi and limits of judicial activism along with the origin and essential characteristics of the prerogative writs in their traditional and modern forms have been dealt with extensively. The chapter on Letters Patent Appeal will prove to be helpful in understanding the nature of intra-court appeal, including its pre- and post-constitutional importance. The jurisdiction of Supreme Court of India under articles 32, 131, 132, 133, 134, 136, 137 and 142 has been discussed elaborately in the light of important rulings. In short, the book envelops within its scope almost all constitutional remedies with citations of important case laws.