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The
The
The
The
Today
3.
4.
The Preamble
Parts I to XXV having 448 Articles (98
Amendments till now)
Twelve Schedules
Appendix
Constitutional Remedy
Under
the
Indian
Constitution,
Supreme Court and High Court are
empowered to issue writs, for the
enforcement of fundamental rights.
Article 32 - Supreme Court
Article 226 High Court
Types of Writ
Habeas
corpus
Mandamus
Prohibition
Certiorari
Quo-warranto
CASE STUDY
Sunil Batra Vs. Delhi Administration and Ors.
etc
The Supreme Court enlarged the scope of
habeas corpus, making available the
fundamental rights of the prisoners
Writ of Mandamus
Mandamus is a Latin word, which means "We
Command".
Mandamus is an order from a superior court to a
lower court or tribunal or public authority to
perform an act, which falls within its duty.
Simply, it is a writ issued to a public official to do
a thing which is a part of his official duty, but,
which, he has failed to do, so far. This writ
cannot be claimed as a matter of right. It is the
discretionary power of a court to issue such
writs.
CASE STUDY
Barada Kanta VS. State of West Bengal
In this case, writ of mandamus does not lie
against a private individual or any private
organisation because they are not entrusted
with a public duty.
Writ of Prohibition
Writ of prohibition means to forbid or to stop and
it is popularly known as 'Stay Order'.
This writ is issued when a lower court or a body
tries to transgress the limits or powers vested in
it.
It is a writ issued by a superior court to lower
court or a tribunal forbidding it to perform an act
outside its jurisdiction. After the issue of this writ,
proceedings in the lower court etc. come to a
stop.
Case Study
S. Govinda Menon VS. Union of India
The
Writ of Certiorari
Literally,
Case Study
Hari Vishnu VS. Ahmad Ishaque
The
Case Study
Madan Gopal VS. Union of India
Apply both Prohibition and Certiorari Prohibition to prevent the court to proceed
further with the case and Certiorari for
quashing what had already been decided.
Writ of Quo-Warranto
The word Quo-Warranto literally means on what
authority one is holding the public office"
It is a writ issued with a view to restraining a
person from acting in a public office to which he
is not entitled.
For example, a person of 62 years has been
appointed to fill a public office whereas the
retirement age is 60 years. Now, the appropriate
High Court has a right to issue a writ of quowarranto against the person and declare the
office vacant.
Case Study
Baij VS. State of U.P.,
Where the holder of an office has been
continuing in office for a long time and there
is no complaint against him the court refused
the writ as it would have been vexatious
They
They
F U N D A M E N TA L D U T I
Article 51-A
FUNDAMENTAL DUTIES
1.
FUNDAMENTAL DUTIES
2. To cherish and
follow the noble
ideals which
inspired our national
struggle for freedom.
FUNDAMENTAL DUTIES
FUNDAMENTAL DUTIES
4. To defend the
country and render
national service
when called upon to
do so.
FUNDAMENTAL DUTIES
6. To value and
preserve the rich
heritage of our
composite culture
FUNDAMENTAL DUTIES
7. To protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living
creatures
FUNDAMENTAL DUTIES
8. To develop the
scientific temper,
humanism and the
spirit of inquiry and
reform.
FUNDAMENTAL DUTIES
9. To safeguard public property and to abjure violence
FUNDAMENTAL DUTIES
10. To strive towards
excellence in all
spheres of individual
and collective activity
so that the nation
constantly rises to
higher levels of
Endeavour and
achievement.
FUNDAMENTAL DUTIES
11. Who is a parent or
guardian to provide
opportunities for
neduaction to his
child or as the case
maybe ward between
the age of 6 to 14 yrs.
President
Vice
President
Vice
President
Prime Minister
Appointed
He
The Parliament
It consists of two houses:
1.
2.
Bills
Bills
At
Governor
Chief Minister
Hes