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The prerogative writs – indian perspective
The prerogative writs – indian perspective

Author(s): Harsh Pathak
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: common law; prerogative writs; habeas corpus; certiorari; mandamus; quo warranto; prohibition;

Summary/Abstract: The study concludes that, in India, the rule of law is supreme and judiciary has the right to interfere whenever there is deviation from this supremacy. The judiciary shall ensure that all administrative actions comply with legal limits and consider administrative measures to assess whether the authority has exercised powers, the authority misused or exceeded its powers, the authority committed an error of law, the authority violated principles of impartiality of the judiciary, the authority has violated the fundamental rights of individuals. The Judiciary stands to ensure that all administrative actions are confined to the limits of the law and examines administrative action to assess whether the authority has exercised its powers, whether the authority has abused or exceeded its powers, whether the authority has committed an error of law, whether the authority has violated the principles of natural justice, whether the authority has infringed the fundamental rights of persons.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 44-54
  • Page Count: 11
  • Language: English