Constitutional Law
CONSTITUTIONAL LAW
Constitution of India is the Supreme Law of the land. The implementation and interpretation of Constitution and the principles underlying it comes under the domain of Constitutional law. The subjects like fundamental rights and duties, judicial review and the power of the State are dealt with according to the Constitution. Constitutional law does not only deal with these subjects but it also outlines how state institutions, i.e., parliament, courts, head of state, executive, independent organizations, etc., should function and what authorities they have. These bodies are formed by people, and they fail to function efficiently at times. And when an individual’s fundamental Right which forms the Part III of the Constitution is violated due to the failure on the part of these bodies, Article 32 and Article 226 come to the rescue.
Writs are issued by the Supreme Court under Article 32 and by the High Court under Article 226 of the Constitution of India.
- Habeas Corpus- Habeas Corpus literally means to produce the body. If a person is wrongfully detained or imprisoned this writ will come into picture. The court directs the person so detained to be brought before it to examine the legality of his detention.
- bMandamus- Mandamus means we command. Under this writ the Court directs a public authority to perform the its legal duties which it has failed to perform.
- Quo Warranto- Quo Warranto means by what warrant. The court through this writ calls upon a person holding a public office to show under what authority it holds that office.
- Certiorari- ‘Certiorari’ means to ‘certify’. When it is the opinion of the court that a lower court or a tribunal has passed an order which is beyond its powers and committed an error of law, the court will transfer the case to itself or quash the order passed by the lower court.
- Prohibition- This writ is passed by the lower courts, tribunals and quasi-judicial authorities
Five kinds of writs are provided by Article 32 and 226. These writs are maintainable under different circumstances and have different implications.
If your Fundamental Rights have been violated, you have been wronged by the State or you are an aware citizen of this country and need to file a Public Interest Litigation for the general interest of people, we will not only protect your Rights and protect you against unjust and arbitrary actions of the State but fight with you for the betterment of the laws and our country. Our Constitutional lawyer are the best and efficient in protecting the Constitutional Rights given by our country to its people.
