Dev Mishra, Lovely Professional University
ABSTRACT
The Fundamental Rights are an integral part of our Indian Legal System which helps us in performing our basic needs and duties in order to move further in life. The Fundamental Rights are also protected in a mode by the Writs that are provided in the Constitution of India. Whenever our Fundamental Rights are violated by any other person or statutory body, the Writs can be enforced to issue remedies. Article 321 and 226 of our Constitution are vested with the powers to issue Writs. The scope nature of Article 226 is explained which provides a pretext of how one can determine the High Court’s stance and when it entertains a Writ petition.
This paper deals with the High Court and their power under Article 2262. It is pertinent to know about the Article 227 as these two are important and are many times gravely mistaken as two parts of an equal side. This paper delves into the depth of the Article 226, Writs, powers of High Courts, types of Writs, the landmark cases laying down certain principles for each Writ that has paved the way for its issuing. The paper also talks about the differences between the Article 226 and 227 and how these two have completely different natures. The relation of these two articles has been provided alongside the Supreme Court’s stance on it being distinctive from the prefix article. Some certain cases on the explanation are also provided along with the landmark case of Radhe Shyam which clearly explains the role of Article 227.
Keywords: Constitution of India, Writs – Under Article 32 and 226 of the Constitution, Fundamental Rights, Principles of Natural Justice, MISA – Maintenance of Internal Security Act, 1971, Prisons Act, 1894, CrPc – Code of Criminal Procedure, 1973, Locus Standi, Power of Superintendence, Quasi-Judicial Bodies, Doctrine of Stare Decisis, Supervisory Jurisdiction, Original Jurisdiction, Ignorantia Jus Non Excusat
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