- The Oxford Handbook of The Indian Constitution
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Notes on Contributors
- Locating Indian Constitutionalism
- Constitutional Antecedents
- Indian Constitutionalism: crisis, unity, and history
- The Indian Founding: a comparative perspective
- Constitutional Interpretation
- Law, Politics, and Constitutional Hegemony: the Supreme Court, jurisprudence, and demosprudence
- Constitutional Identity
- Constitutional Change: a public choice analysis
- International Law and the Constitutional Schema
- Citizenship
- Language
- Elections
- Emergency Powers
- Constitutional Amendment
- Separation of Powers
- Legislature: composition, qualifications, and disqualifications
- Legislature: privileges and process
- Executive
- Judicial Architecture and Capacity
- Judicial Independence
- Jurisdiction
- The Administrative and Regulatory State
- Tribunals
- Review of Administrative Action
- The Federal Scheme
- Legislative Competence: the Union and the States
- Inter-State Trade, Commerce, and Intercourse
- Inter-State River Water Disputes
- Fiscal Federalism
- Asymmetric Federalism
- Local Government
- Rights: breadth, scope, and applicability
- Horizontal Effect
- Writs and Remedies
- Saving Clauses: the Ninth Schedule and Articles 31A–C
- Directive Principles of State Policy
- Public Interest Litigation
- The Constitutionalisation of Indian Private Law
- Equality: legislative review under Article 14
- Reservations
- Gender Equality
- Life and Personal Liberty
- Due Process
- Criminal Law and the Constitution
- Free Speech and Expression
- Assembly and Association
- Movement and Residence
- Profession, Occupation, Trade, or Business
- Secularism and Religious Freedom
- Personal Laws
- Minority Educational Institutions
- Property
- Government Contracts
- Sovereign Immunity
- Public Employment and Service Law
- The Indian Constitution Seen from Outside
- Index
Abstract and Keywords
This chapter examines the relevant provisions of the Indian Constitution regarding the power of courts to issue writs and grant remedies, with particular emphasis on Articles 32 and 226. It considers these two provisions and how they empower the Indian Supreme Court and High Courts to issue directions, orders, or writs to any person or authority, and to enforce the fundamental rights. It then considers a number of issues relating to Article 226, such as whether it is confined to governmental institutions and statutory public bodies, along with the question of cause of action and territoriality. It also discusses the Supreme Court’s position on the nature of writ jurisdiction in India, including the writ of mandamus, habeas corpus, certiorari, prohibition, and quo warranto. Finally, the chapter explores the procedural aspects of constitutional remedies by focusing on res judicata, questions of fact, and political questions.
Keywords: constitutional remedies, courts, fundamental rights, habeas corpus, Indian Constitution, Indian Supreme Court, jurisdiction, res judicata, writ of mandamus, writs
Gopal Subramanium is a Senior Advocate, Supreme Court of India.
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- The Oxford Handbook of The Indian Constitution
- Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- Notes on Contributors
- Locating Indian Constitutionalism
- Constitutional Antecedents
- Indian Constitutionalism: crisis, unity, and history
- The Indian Founding: a comparative perspective
- Constitutional Interpretation
- Law, Politics, and Constitutional Hegemony: the Supreme Court, jurisprudence, and demosprudence
- Constitutional Identity
- Constitutional Change: a public choice analysis
- International Law and the Constitutional Schema
- Citizenship
- Language
- Elections
- Emergency Powers
- Constitutional Amendment
- Separation of Powers
- Legislature: composition, qualifications, and disqualifications
- Legislature: privileges and process
- Executive
- Judicial Architecture and Capacity
- Judicial Independence
- Jurisdiction
- The Administrative and Regulatory State
- Tribunals
- Review of Administrative Action
- The Federal Scheme
- Legislative Competence: the Union and the States
- Inter-State Trade, Commerce, and Intercourse
- Inter-State River Water Disputes
- Fiscal Federalism
- Asymmetric Federalism
- Local Government
- Rights: breadth, scope, and applicability
- Horizontal Effect
- Writs and Remedies
- Saving Clauses: the Ninth Schedule and Articles 31A–C
- Directive Principles of State Policy
- Public Interest Litigation
- The Constitutionalisation of Indian Private Law
- Equality: legislative review under Article 14
- Reservations
- Gender Equality
- Life and Personal Liberty
- Due Process
- Criminal Law and the Constitution
- Free Speech and Expression
- Assembly and Association
- Movement and Residence
- Profession, Occupation, Trade, or Business
- Secularism and Religious Freedom
- Personal Laws
- Minority Educational Institutions
- Property
- Government Contracts
- Sovereign Immunity
- Public Employment and Service Law
- The Indian Constitution Seen from Outside
- Index