Quo warranto under indian constitution

Writ of quo warranto template

As said often, they are fundamental to the existence of life of an individual. Ram Chander Rai, further observed that there is lack of knowledge of the distinction between the understanding of Article and and hence it is a common custom with the lawyers labeling their petitions as one common under Articles and of the Constitution, though such practice has been deprecated in some judicial pronouncements. Prohibition The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. The remedy of quo warranto is vested in the People, and not in any private individual or group, because the question of who has the right to hold a public office is a matter of public concern, not a private dispute. Benson, F. The writ is unlike a petition or motion to show cause, because the burden of proof is on the respondant, not on the demandant. The writ can be issued against both the State and private individual or organizations. This writ is also available against inferior Courts or other Judicial bodies when they have refused to exercise their jurisdiction and thus to perform their duty Further, Mandamus will not be granted against the following persons: i The President or the Governor of a State, for the exercise and performance of the powers and duties of his Office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. The writ of quo warranto is used to judicially control executive action in the matter of making appointments to public offices under relevant statutory provisions. While a writ must be moved by the person whose Fundamental Rights has been infringed, it is not easily possible in case of a detained person. This involves reasserting and strengthening the original All-Writs Act and repealing or declaring unconstitutional legislation, such as the Tax Anti-Injunction Act , and those Rules of Judicial Procedure, that have restricted the jurisdiction of federal courts to accept these writs and grant a fair hearing "oyer" and a decision on the merits "terminer" on such demands. Difference between Prohibition and Certiorari: While the writ of prohibition is available during the pendency of proceedings, the writ of certiorari can be resorted to only after the order or decision has been announced. Thus , when the appellate transport tribunal accepted the applications of the petitioner for grant of permits, mandamus was issued to the concerned authority to issue the permits to the petitioner in terms or the tribunal order. Mandamus can be issued to any kind of authority in respect of any type of function — administrative , legislative , quasi-judicial , judicial Mandamus is used to enforce the performance of public duties by public authorities.

The order could also be against the principles of natural justice or the order could contain an error of judgment in appreciating the facts of the case. The jurisdiction under Article of the Constitution is capable of being exercised on a prayer made by or on behalf of the party aggrieved but the power conferred under Article viz the supervisory jurisdiction is capable of being exercised suo moto as well.

quo warranto india

Certiorari and Prohibition are regarded as general remedies for the judicial control of both quasi judicial and administrative decisions affecting rights. It serves as a big reservoir of judicial power to control administration.

After the issue of this writ, proceedings in the lower court etc.

Writ of quo warranto format

Thiboutot, S. The difference between Mandamus and Prohibition is that while the former can be issued against judicial as well as administrative authorities, the latter is issued only against the judicial or quasi-judicial authorities. The jurisdiction of Article cannot be used as a Revision or Appeal court as the rejection of the order by the subordinate court does not arise the question of violation of fundamental right when the alternate remedy of appeal is available to the aggrieved. Alternately, if the Proclamation is on grounds of armed rebellion, Art. Thus , when the appellate transport tribunal accepted the applications of the petitioner for grant of permits, mandamus was issued to the concerned authority to issue the permits to the petitioner in terms or the tribunal order. This writ is also available against inferior Courts or other Judicial bodies when they have refused to exercise their jurisdiction and thus to perform their duty Further, Mandamus will not be granted against the following persons: i The President or the Governor of a State, for the exercise and performance of the powers and duties of his Office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. Mandamus will not lie against discretionary acts of a public authority as distinguished from a duty. Restrictions on Fundamental Rights of members of armed forces, intelligence forces, law and order police, etc and national security related forces, etc.

While the writ Mandamus commands activity i. In Gopalan v.

Quo warranto under indian constitution

The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority. Though, it is to be noted that Supreme Court has not yet completely listed the Part III Fundamental Rights as a whole of the Constitution as one of the basic feature of the Constitution. The 44th Amendment Act, , has further provided that Article 19 is suspended when a Proclamation of Emergency is made on ground of war or external aggression. These writs are issued on the following grounds : when the authority is acting or has acted under an invalid law; jurisdictional error; error apparent on the face of record ; findings of fact not supported by the evidence ; failure of natural justice. These response times may also be extended by stipulations filed with the Attorney General, or upon a showing of good cause. Ram Chander Rai laid down the following differences: i. We may also observe that in some High Courts there is a tendency of entertaining petitions under Article of the Constitution by terming them as writ petitions. Certiorari and Prohibition These writs are designed to prevent the excess of power by public authorities. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been detained lawfully or otherwise.

A writ of certiorari or a writ in the nature of certiorari can only be issued by the Supreme court under Art. The writ calls upon the holder of a public office to show to the court under what authority he is holding the office in question.

certiorari writ

One can write to the judges even on a postcard. Specialist advice should be sought about your specific circumstances. Thus the power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen.

Current California law provides that the action may be brought either by the Attorney General or by a private party acting with the consent and under the direction of the Attorney General.

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Constitutional philosophy of Writs: A detailed analysis