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PROJECT SYNOPSIS
(Towards partial fulfilment of mid-term examination in the subject of Company Law- I)
1
O. Hood Phillips and Paul Jackson, O. Hood Phillip’s Constitutional and Administrative Law (6th ed., London:
Sweet and Maxwell, 1978) at 11.
2
Id, at 16.
3
Eric Barendt, “Separation of Powers and Constitutional Government”, [1995] P.L. 599. Indian Express
Newspapers (Bombay) Private Limited v. Union of India, AIR 1986 SC 546. The Central Government issued an
order under s.25 of Customs Act, 1962, withdrawing all the exemptions that were granted to the newspaper from the
customs duty. Due to this there was heavy burden on the newspaper, as not only the duty exemption was removed,
there was a positive increase in the same. Such a withdrawal was challenged under Art.32 on the ground that there
was a restriction placed on the fundamental right of freedom of speech and expression guaranteed under Art.19
(1)(a). The Court looked into the fact whether such an order was within the purview of the powers that are granted to
the executive or not? After the consideration of all the relevant factors, the Court came to the conclusion that the
government should have a reconsider the order of removing the exemption.
state it has been observed by Lord Denning that, “properly exercised the new powers of the
executive lead to a Welfare State, but abused they lead to the Totalitarian State”. There are for
the same purpose many remedies that are available with the aggrieved individual, and a
significant one among them is that of the prerogative writs.4
RESEARCH METHODOLOGY
STYLE OF WRITING:
The style of writing in this paper is primarily analytical as the researcher has tried to identify and
discuss the main issues of the concerned law; this has been fused with a descriptive mode of
writing wherever necessary.
MODE OF CITATION:
The researcher has followed a uniform mode of citation. Any divergence is due to insufficient
information available or due to the mode of citation prescribed in the book.
RESEARCH QUESTIONS:
4
C.K.Takwani, Lectures on Administrative Law (3rd ed., Lucknow: Eastern Book Company, 1998) at 289.
1. What is the need for writs?
2. What are the various provisions in Indian Constitution which provides for issuing writs?
3. Against whom can a writ be issued?
4. What are the various remedies of writs owing to various administrative actions?
5. What are the limitations and applications of various writs?
SOURCES OF DATA:
Secondary resources in the form of books and articles have been relied upon.
REVIEW OF LITERATURE
1. ARTICLES:
2. BOOKS:
3. ONLINE SOURCES:
I. www.jstor.org
II. www.scholar.google.com
CHAPTER-WISE BREAK UP
i) Origination of Writs in the World :
During ancient periods, an written order issued on behalf of the Monarch of the United Kingdom
to local officials (High Sheriffs of every country in the historical UK) to hold a general election
is considered as a writ. Then in medieval times, English Kings used to issue barons to summon
persons of influential importance namely Peers (whether hereditary or not) to Parliament whose
advice was considered valuable. King John’s Magna Carta guaranteed to all free men immunity
from illegal imprisonment, a guarantee that has traditionally been invoked by way of the writ of
habeas corpus. But as far as the writ of prohibition is concerned, its birth place is United States
where the practice of drafting and issuance of a legal document by a Supreme Court, Superior
Court or Appeal Court to a Judge presiding over a suit in an inferior court was started.
vi) Conclusion:
The writ remedy is one of the most powerful remedy given to the people of India by the
Constitution. Writs are discretionary powers which should be exercised on sound legal
principles. In a system governed by rule of law when discretion is conferred upon the executive
authorities it must be based on clearly defied limits. Judiciary stands to ensure that all
administrative actions are confined to the limits of the law. Thus, the writ jurisdictions act as
checks and balance of policy decisions to ensure that no laws made are unreasonable, unfair and
against public interest. To end this submission, I must quote the words of one of the principle
makers of the Indian Constitution, Dr. B.R. Ambedkar who has given the prime importance
to Article 32 among all other articles from the Indian Constitution. He has referred that, “It is the
very soul of the Constitution and the very heart of it”.