Scope of Writ Under Article 226 of the Constitution Against Private Parties: Jamshed Pesi Cama

Scope of Writ Under Article 226 of the Constitution of India Against Private Parties
by
Jamshed Pesi Cama
Senior Advocate, Supreme Court of India
#advocacy #lawschool #highcourt #beyondlawclc #attorneys orneys #supremecourt #judiciary #justice #constitution #fundamentalrights #writs

[@Sameermadhavan]

Thank You for the brief and valuable discussion

[@TapanSarkar100]

Very very complex subject .To avoid unnecessary complications, I think that time has come to review and redraft our conversation afresh with New ideas in the context of today's India.

[@BeyondLawCLC]

Noted

[@arunrathod4571]

Can a writ be filed for vacation of child

[@prasadngr14]

Sir Ivor Jennings the great constuitional commenting on writs under Article 32 and 226 said that what intended to benefit the people came to benefit a few lawyers

[@sayasargam]

Over arching will means, even advocate is amenable to 226.thus meaning of public duty means what, is an open question. There is hardly any individual, who works in isolation, it is always in mutual exchange with in-rem mass. The bigger question is of public policy, if writ is maintainable in every case, will it lead to floodgate at constitutional courts, which are more into laying law function.

[@R..PANCHASARAM]

Mojg

[@sayasargam]

Isn't right flowing from statute are akin standard contract between individual and state. Going by that, why the individual contract with public body is amenable to writ. The statutory rules are for convenience because state cannot enter specific contract with each individual as in private, even at start, there can be different salary but in government, it is one under equal pay, for equal work proposition

[@R..PANCHASARAM]

Uyog,,🤓🤓🐰🎶