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Report No. 92

Chapter 2

The Question for Consideration and The Present Law

2.1. The Constitutional provisions for judicial review.-

Let us first state in brief the narrow point to which we propose to devote the succeeding paragraphs. In the scheme of the Indian Constitution, judicial review is mainly pursued under two important provisions, applicable to the Supreme Court and to the High Courts respectively. In the first place, under Article 32(1) of the Constitution, the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights guaranteed by Part III of the Constitution (i.e. fundamental rights) is guaranteed. Under Article 32(2), the Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the fundamental rights.

Secondly, under Article 226 of the Constitution, every High Court shall have power, throughout the territories in relation to which it exercises its jurisdiction, to issue to any person or authority, including in appropriate cases any Government within those territories, directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part Ill and for any other purpose. This power, as is evident from the wording of the article, is not confined to fundamental rights. It can be used "for any other purpose."



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