Topic guide
Constitutional Law
Guides and explainers on constitutional law from the advocates of MDR Law & Associates, Chennai.
8 articles
Can a Writ Petition Be Filed Against a Private Company or Private Organisation?
Article 226 is not confined to actions of government departments. In appropriate circumstances, a writ may also be issued against a private body where the dispute involves a public duty or public-law element. This article explains when a private organisation may come within the scope of writ jurisdiction.
Writ Petition or Civil Suit: Which Remedy Is Appropriate?
Choosing between a writ petition and a civil suit depends largely on the nature of the right involved, the identity of the parties, the relief sought and whether a public-law element exists. This article explains the practical distinction between writ jurisdiction and ordinary civil remedies.
Writ of Quo Warranto: Challenging an Illegal Appointment to Public Office
A writ of quo warranto is a constitutional remedy used to challenge the unlawful occupation of a public office. This article explains when quo warranto can be filed, who can approach the High Court, and the legal requirements for challenging an appointment.
Writ of Prohibition: Can the High Court Stop Proceedings Before a Tribunal or Authority?
A writ of prohibition can be used to prevent a Court, tribunal or statutory authority from continuing proceedings beyond its legal jurisdiction. Learn when the High Court may intervene before an order is passed.
Habeas Corpus Petition Before the High Court: When Can It Be Filed?
Habeas corpus is an important constitutional remedy against unlawful detention. Learn when a habeas corpus petition can be filed before the High Court, who can approach the Court, and what relief may be granted.
Writ of Certiorari: How to Challenge an Illegal Order Before the High Court
A writ of certiorari is an important judicial-review remedy used to challenge orders passed by courts, tribunals and statutory authorities. This article explains when the High Court can quash an illegal order, including cases involving lack of jurisdiction, violation of natural justice, errors of law and non-application of mind.
Writ of Mandamus in India: When Can You Approach the High Court Against Government Inaction?
A writ of mandamus is an important remedy against government inaction and failure to perform a public or statutory duty. This article explains when mandamus can be filed, the situations in which the High Court may intervene, the importance of alternative remedies, and the relief that can be sought.
Understanding the Interconnection between Human Rights and Fundamental Rights in India
Fundamental Rights under Part III of the Constitution and the broader idea of human rights are often treated as interchangeable — they are related, but distinct in origin, scope, and enforcement.
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