“There can be a conflict between two individuals qua their right under Article 21 of the Constitution and in such a situation, to weigh the balance, the test that is required to be applied is the test of larger public interest and further that would, in certain circumstances, advance public morality of the day. To […]Read more "The Test of Sustenance of Public Confidence in the Justice Dispensation System"
My Lord, Is a Tribunal, whose order is challenged in proceedings under Articles 226 and 227 of the Constitution, a necessary party to the proceedings? The issue has been considered in Jogendrasinhji, (2015) 9 SCC 1. The judgment holds thus, the Tribunals, who in law are entitled to defend the orders passed by them, are […]Read more "Writ Against Order of Tribunals I"
“The Court must necessarily abide the parameters which govern a nuanced exercise of judicial power. Hence, where an effort is made to bring issues of governance before the Court, the basic touchstone on which the invocation of jurisdiction must rest is whether the issue can be addressed within the framework of law or the Constitution. […]Read more "Battle of the Articles II: 32/226"
“A Writ of Mandamus is an extraordinary remedy and is intended to supply deficiencies in law and is thus discretionary in nature. The issuance of a Writ of Mandamus pre-supposes a clear right of the applicant and unjustifiable failure of a duty imposed on an authority otherwise obliged in law to imperatively discharge the same. […]Read more "The Writ of Mandamus II"
My Lord, What is Mandamus? “Mandamus literally means a command. The essence of Mandamus in England was that it was a royal command issued by the King’s Bench (now Queen’s Bench) directing performance of a public legal duty. A Writ of Mandamus is issued in favour of a person who establishes a legal right in […]Read more "The Writ of Mandamus I"
“A Writ Court while deciding a Writ Petition is required to remain alive to the nature of the claim and the unexplained delay on the part of the Writ Petitioner. Stale claims are not to be adjudicated unless non-interference would cause grave injustice. In the case at hand, the employee was dismissed from service in […]Read more "Stale Claims Before a Writ Court / The Chill of Death"
My Lord, Can a committee be appointed in a PIL to assist the Court in ascertaining facts as concerning a contractual dispute? “A Writ Court should ordinarily not entertain a Writ Petition, if there is a breach of contract involving disputed questions of fact. When an issue arises whether in a particular State there are […]Read more "Writ Court Appointed Committees I"