Article 226 And The High Courts - 1480 Words

The Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution have passed a number of orders and directions for this concern. Like the conversion of all public transport in the Metropolitan City of Delhi from diesel engine to CNG engine on the basis of the order of the High Court of Delhi to ensure that the pollution level is mitigated and this is being totally observed for the last several years. Now only vehicles running on Compressed Natural Gas are given permission to ply on Delhi roads for public transport. Louise Erdrich Bigogress, who is an environmentalist has quite aptly observed that grass and sky are two canvasses into which the rich details of the earth are drawn. In 1980s, the courts paid special attention to the problem of environmental degradation and passed a number of directions and orders to make sure the that environment ecology, wildlife are saved, preserved and protected. Every day hundreds of thousands of industries are functioning without pollution control procudures. Lakhs of Indians work in mines and do hazardous work without proper safety protection. Each day lakhs of litres of harmful raw discharged effluents are dumped into our rivers and lakhs of tons of hazardous waste is simply dumped on the Earth. The environment around us, as a result become so degraded, that instead of nurturing us it is now poisoning us. In this context, in many cases, the Supreme Court has intervened in the issued and has issued manyShow MoreRelatedPower Of The State Organs Essay1739 Wor ds   |  7 PagesPower of judicial review makes Supreme Court guardian of not only fundamental rights but the constitution itself. However, at the time of enactment of the constitution, the Supreme Court derived its power to review the acts via article 13, article 226 and article 245 mainly. Article 13 declares that any law which contravenes any of the provisions of part –III {Fundamental Rights} shall be null and void. Articles 32 and 226 entrust Supreme Court and High Courts with roles of the protector and guarantorRead MoreLaw of Writs1643 Words   |  7 PagesLaw of Writs In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also. Writs under English law The origin of writs can be drawn from the English judicial system. The law of writs has itsRead MoreJudicial Control of Administrative Action in India and Writs2064 Words   |  9 Pagescontrol is become an important area of the administrative law as because the judicial department i.e. Courts have proved to be the more effective and beneficiary branch than any other Parliamentary or Legislative or Administrative action for the purpose of the controlling the administrative action in India. In this regard Prof. Jain Jain rightly quoted that, â€Å"the real kernel of democracy lies in the courts enjoying the ultimate authority to restrain all exercise of absolute and arbitrary power. WithoutRead MoreEarly Cases Of Judicial Activism. The Following Supreme1554 Words   |  7 PagesEARLY CASES OF JUDICIAL ACTIVISM The following Supreme Court cases provide a useful insight into the growth and development of judicial activism in independent India. In the Privy Purse case Madhav Rao Jivaji Rao Scindia Union of India the broad question was whether the President rightly exercised his power in de-recognising the princes. In this case, the court ruled that by virtue of Article 53 of the constitution, the executive power of union vested in the President must be exercised â€Å"in accordanceRead MoreApplication of the Analytical School of Justice1805 Words   |  7 PagesAustin’s critics ask, how customs can be resigned with the theory of command, and where we can find a supreme law-giver in a nascent society. The concept of fundamental rights and their enforcement mechanism is an example of supreme law. The Supreme Court of India while interpreting the Fundamental Rights has expanded the scope of these rights to extents which were never imagined by our constitutional makers. The legislature or the executive or even the judiciary cannot in any manner infringe upon theRead MoreHigh Court At The Head Of Judiciary Of The State1359 Words   |  6 PagesHigh Court The High Court stands at the head of judiciary of the State. High courts are established under Part VI, Chapter V, Article 214 of the Indian Constitution. These courts have jurisdiction over a state, a union territory or a group of states and union territories. At present there are 24 High Courts in India. It enjoys civil as well as criminal, ordinary as well as extraordinary and general as well as special jurisdiction. Composition and Appointment of Judges Judges in a High Court areRead MoreSalem Witch Trials And The Crucible879 Words   |  4 Pageswere once the devil’s territories: and it may easily be supposed that the devil was exceedingly disturbed†(226). In this opening statement it’s very clear to see Mather’s Puritanism style in a couple of ways. First by calling New Englanders people of God and stating later in the text; â€Å"the devil thus irritated, immediately tried all sorts of methods to overturn this poor plantation†(226). Mather makes it clear that New Englander’s have endured many obstacles from the devil, but now a new evilRead MoreSection 482 of Crpc and Powers of Quashing of Fir4278 Words   |  18 PagesINHERENT JURISDICTION VESTED IN THE HIGH COURTS 3. INTERFERENCE UNDER ARTICLE 226 FOR FIR QUASHING 4. VIEW OF THE SUPREME COURT 5. AMENDMENT OF CODE OF CRIMINAL PROCEDURE ENABLING 6. RESTORATION OF COMPLAINTS 7. THE ACTIVIST PHASE 8. GUIDELINES FOR EXERCISING THE INHERENT POWERS 9. CONCLUSION 10. BIBLIOGRAPHY INTRODUCTION Sec 482 deals with Inherent powers of the Court. It is under the 37th Chapter of the Code titled â€Å"Miscellaneous†. The state high courts in India have been given supervisoryRead MoreLitigation Filed For Public Interest Litigation1460 Words   |  6 Pagesfiled for the protection of public interest. It is litigation introduced in a court of law for the benefit of the public not by the aggrieved person but by any public spirited citizen or by any group such as NGOs etc. It is not necessary, for the purpose of exercise of the court’s jurisdiction, that the person whose rights are violated or are likely to be violated should personally initiate judicial proceeding before the court of law. The normal rule is that if the personal right or interests are notRead MoreThe Case Of The Tronie Foundation1293 Words   |  6 PagesSurvivor Network, we have worked with survivors in 5 continents and in approximately 20 countries. Our Constitution guarantees these rights and the Supreme Court has ruled that wherever the Constitution is silent and the legislature has not made a law, those International Covenants to which India is a signatory may be enforced through the courts so far as they are consistent with the law of the land. These treaties and covenants may also be taken help of in statutory construction. The framers of the