Nexus Of Writs And Article 226 In Congruity With Article 227 Of The Constitution Of India
Author: LawSphereX
Category: Constitutional & Human Rights
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NEXUS OF WRITS AND ARTICLE 226 IN CONGRUITY
WITH ARTICLE 227 OF THE CONSTITUTION OF INDIA
Dev Mishra, Lovely Professional University
ABSTRACT
The Fundamental Rights are an integral part of our Indian Legal System which helps us in performing our basic needs and duties in order to move further in life. The Fundamental Rights are also protected in a mode by the Writs that are provided in the Constitution of India. Whenever our Fundamental Rights are violated by any other person or statutory body, the Writs can be enforced to issue remedies. Article 321 and 226 of our Constitution are vested with the powers to issue Writs. The scope nature of Article 226 is explained which provides a pretext of how one can determine the High Court’s stance and when it entertains a Writ petition. This paper deals with the High Court and their power under Article 2262. It is pertinent to know about the Article 227 as these two are important and are many times gravely mistaken as two parts of an equal side.
This paper delves into the depth of the Article 226, Writs, powers of High Courts, types of Writs, the landmark cases laying down certain principles for each Writ that has paved the way for its issuing. The paper also talks about the differences between the Article 226 and 227 and how these two have completely different natures. The relation of these two articles has been provided alongside the Supreme Court’s stance on it being distinctive from the prefix article. Some certain cases on the explanation are also provided along with the landmark case of Radhe Shyam which clearly explains the role of Article 227.
Keywords: Constitution of India, Writs – Under Article 32 and 226 of the Constitution, Fundamental Rights, Principles of Natural Justice, MISA – Maintenance of Internal Security Act, 1971, Prisons Act, 1894, CrPc – Code of Criminal Procedure, 1973, Locus Standi, Power of Superintendence, Quasi-Judicial Bodies, Doctrine of Stare Decisis, Supervisory Jurisdiction, Original Jurisdiction, Ignorantia Jus Non Excusat
1 Article 32, Constitution of India
2 Article 226, Constitution of India
Introduction The Article 226 is exactly a similar resonating picture of the Article 32 of the Constitution of India. It deals with the issuing of writs by the High Court whenever a body’s fundamental right is infringed by anyone. It is a persona of Article 32, i. e. , the heart and soul of the Constitution. One would ask, what is the peculiar major difference between these 2 articles? In reality there is much more to these articles than differences. These 2 vital Articles provide the authority to the High Courts and Supreme Court to bring a lawsuit against a government entity if any citizen’s fundamental rights and liberty are violated. The nature of these powers is very deep as the issuing can sometimes be unlawful and there may also seem a situation arising that to amend the provisions of these respective articles or the Fundamental Rights.
Power of High Courts to issue Writs The High Courts’ power is much broader than the Supreme Court. The main essentials that are required by a High Court to issue a writ are:- • Cause of action arises within the High Court’s jurisdiction. • Parties must prove their Fundamental Rights are violated. • In the presence of alternate remedy, the Court’s discretion might differ. • No delay is in the process of filing a petition. • An element of law that is related to public welfare has to be present, • The jurisdiction has to be present of the presiding authority. Scope of Article 226 of the Constitution The power to issue writs by High Court is absolute in nature and is not barred by any provision of law. The High Courts have discretion as to ascertain whether the Writs should be maintainable or not.
But the Courts themselves have limited their power in exercising these rights; yes issuing Writ is itself a right of the court, as being in the Part III, i. e. , Fundamental
Rights of the Constitution, where other helpful remedies are available. Unless there is an arbitrary cause of action impugned upon the state which might violate the mandate of Fundamental Rights, then the Writ is used where the High Court thinks it is necessary. It was inserted by the 42nd Constitutional Amendment Act, 19763 and under its provision no. 38 &
39 it was given that where there was Article 226, there will be a new Article 226(A) itself in
the Constitution of India. The nature of these writs can be considered as one of the efficacious ones where it guarantees a remedy to the individual or the corporation along-with fulfilment of their needs that are violated and being hindered. Types of Writs in the Constitution Currently there are 5 Writs that have been taken from English Law where they’re known as Prerogative Writs. These are mainly:
1. Habeas Corpus
2. Certiorari
3. Mandamus
4. Prohibition
5. Quo Warranto
1. Habeas Corpus: This writ is the most critical of all as it’s the one where the person is
directly involved and can completely change the outcome of the proceeding if the significant missing information is provided by him. Basically it means to “summon the body”. It is issued if a person is detained illegally, in accordance with Article 22. This means that a person cannot be held in prison without first being brought before a court, which decides whether his continued imprisonment is legal. Its primary purpose is to determine whether the detention is lawful or whether the detainee's rights have been violated. Through this order, the court orders the guardian of the detainee to justify the legality and reasons for the detention. If the court does not find adequate legal 3 Subs. By the Constitutional (Forty-second Amendment) Act, 1976, sec.38 for article 226 (w.e.f. 1-2-1977)
justification for the detention of a person, then it has the power to order the immediate release of the imprisoned or imprisoned person. In other words, the use of habeas corpus guarantees the release of an illegal prisoner when there is no sufficient reason to keep him behind bars. The applicability of habeas corpus extends to various scenarios where the freedom of the individual is threatened. It can be used in cases of illegal detention, illegal arrest, imprisonment without trial or in cases where the detention exceeds the authorized period. Important features that should be well considered in case of the writ Habeas Corpus are: • It is a Writ of Exploration and Questioning. • It is protecting Personal Liberty from being infringed • It releases the innocent from unlawful detention.
• This remedy cannot be invoked to challenge past illegal detentions, as it is available to those who have lost their personal liberty. 4 The writ of Habeas Corpus is a crucial tool for defending private freedom and preventing unjust detention. Its accessibility to a broad range of individuals serves as a barrier to arbitrarily detention and ensures that the principles of due process and human rights are adhered to. The writ of habeas corpus is very helpful, as it allows citizens to appeal illegal detentions. Sunil Batra vs Delhi Administration5: The Supreme Court ruled that under Articles 32 and
226 of the Indian Constitution, the Court has the jurisdiction to interfere if there is wrongdoing
by jail authorities towards detainees. It was said that Section 30(2) of the Prisons Act would not be misconstrued, and hence the detainees would not be tortured. Also, Section 30(2) of the Prisons Act states that inmates sentenced to death must be housed in separate cells. In addition, the definition of solitary confinement must be followed correctly so that Article 21 of the Constitution is not violated. Section 56 of the Prisons Act must be obeyed once the directives have been formally validated by the local government. 4 Law F, ‘Habeas Corpus, Often Hailed as the “Great Writ,” Holds Profound Legal Importance.’ (Free Law: Get Free Headnotes & Judgments) https://www.freelaw.in/legalarticles/The-Writ-of-Habeas-Corpus accessed 3 September 2024
5 (1978) 4 SCC 409
ADM Jabalpur vs Shivkant Shukla6: The Supreme Court held in the landmark judgement declared that the Fundamental Right of not being unlawfully detained, Article 21, can be suspended during proclamation of Emergency as a cause to the matter of national interest. There was a constitutional bench of 4 Judges where the majority decided that it was not within the power of courts to interfere with the detaining of a person under the provisions of some preventive detention laws like Maintenance of Internal Security Act (MISA), 19717. The powers provided by the Constitution to the Judiciary cannot be intervened falsely in the name of Fundamental Rights.
The majority bench of judges was of the view that whenever an Emergency is declared, on the account of presidential order, no person has the right of ‘locusstandi’ to move to either High Court under Article 226 for the enforcement of Writ of Habeas Corpus or Supreme Court under Article 32 for any other writ, order or direction for challenge the legitimacy of the order of imprisonment on the ground that such custodial order is not in tune with the provisions of the Act. The dissenting judgement was also given by Justice P. N. Bhagwati that this judgement is crossing the limits with regards to the civil liberties of the citizens of India and Basic Human as well as Fundamental Rights given by the Constitution.
2. Certiorari: This writ is issued whenever there is a need for correcting grave errors of
jurisdiction as when found that the particular court has acted beyond the limits of its jurisdiction. This writ basically translates “to be certified”, this is delivered by the higher court towards the lower court to either transfer the order or, transfer the pending case or, quash the order in their case or quash the entire proceeding u/s 482 of Code of Criminal Procedure (CrPc), 1973. This lies against patently erroneous or without jurisdictional orders of Tribunals or authorities or lower courts or quasi judicial bodies other than judicial courts. If you try to compare the Writ of Certiorari to other Writs, this is a distinctive kind of Writ where there is a demand for a remedy which implies seeking to fix an error that is blatantly visible in the records. This Writ of Certiorari is of one ulterior power, where a superior court issues to a lower court.
This can also be issued if the superior court feels that the inferior court has exercised its jurisdiction excessively or if the higher court desires to decide the issue in the case itself. This powerful Writ can also be issued where the subordinate court’s procedure was
6 AIR 1976 SC 1207
7 Maintenance of Internal Security Act, 1971
fundamentally flawed or when the natural justice standards were broken.8 This writ is available when: • The lower court has acted beyond its jurisdiction. • There is a ‘Violation in Principles of Natural Justice’. • Order passed by the court delivers injustice. • Court has acted in a way not aligning with the law.
3. Mandamus: This writ means to “command” to an inferior court by the higher court
or ordering a person to perform a public or statutory duty. It demands some action on the person who has been addressed. It is to perform a public duty which has been refused before and can’t be enforced by any legal remedy. The Supreme Court held that this writ may be issued in favour of a person who establishes a legal right in himself. It can be issued against a person who has failed to perform a public or statutory duty. The object of writ of Mandamus is not extensive in its nature; it prevents disorder arising from injustice and is to be issued in cases with no specific remedy. • The Writ of Mandamus is initially a public law remedy that is not normally available for any trivial or local private wrongs. • It is used to impose different civil rights or to instigate peoples’ statutory authorities to execute their tasks and perform within their limitations.
• It can be utilised to bring about justice when there is an abuse of authority or a failure to execute tasks. • The mandamus decree is of the broadest remedial type. • It takes the form of a ‘command’ sent to any person, company, or lesser tribunal, compelling them to accomplish anything specifically mentioned in the order
8 Notes, L. (2023, March 11). Certiorari. LAW Notes.https://lawnotes.co/certiorari/
that relates to the position and is in the domain of the public statutory responsibility. 9 • Mandamus is not a writ of right; it is given solely at the discretion of the court to which the application is made, and this discretion is not exercised in favour of the petitioner unless the writ serves some reasonable and beneficial purpose. SB Vohraxi vs Union of India10: The Court determined that the main duty of the Union of India was to heed the counsel of a senior official, like a Chief Justice of a High Court, and only deviate from their suggestions in rare situations. The reasons for disagreeing with such a senior figure needed to be compelling and adequate. Even in the face of differing views, the authorities were expected to tackle these disagreements internally and strive for a resolution. Regrettably, the appellant did not fulfil its responsibilities.
Furthermore, the Court clarified that the purpose of judicial review is to ensure that the individual is treated justly, not to guarantee that the authority, following just treatment, arrives at a correct decision in the view of the Court on matters within its purview to adjudicate. It was also stated that the Chief Justice of the High Court was not required to approve the amalgamation of the Assistant Registrar and Court Masters roles.
4. Prohibition: The Writ of Prohibition is exuded by a High court to prohibit the lower
courts, tribunals and other quasi-judicial authorities from performing any judicial task something beyond their powers or limits of jurisdiction. It is issued to direct inactivity and thus differs from ‘Mandamus’ which directs activity. It is issued when lower courts or tribunals act without or in excess of their jurisdiction or in contravention of Fundamental Rights. Prohibition is a useful remedy when a person just wants to stop the administrative agency or lower court proceedings. The writ of prohibition will be issued to prevent the tribunal or lower court from exceeding its powers. This writ may be issued even if the tribunals or lower courts act in violation of the Principles of Natural Justice..11 9 Testbook. (2024, January 16). Writ of Mandamus - History, Features, Provisions & Limitations. Testbook. https://testbook.com/ias-preparation/writ-of-mandamus
10 (2004) 2 SCC 150
11 Centre, J. (2021, June 8). Explained: Writ of Prohibition. Juris Centre.
https://juriscentre.com/2021/06/09/explained-writ-of-prohibition/
The Writ of Prohibition stands extensively as a powerful Writ in nature which is equidistant with the section 482 of the Criminal Procedure Code, (CrPc) 1973. Its requirements are: • Misuse of Jurisdiction: When there is no presence of legalised jurisdiction to the by the court or no jurisdiction at all. • Contravention in the Principles of Natural Justice: When there is no presence of any of the Principles of Natural Justice or if present too, they have been neglected. When the opposite party is not summoned before the court to be heard. • Morbidity in Statute’s work: Whenever any judicial or quasi-judicial authority works accordingly which seems to be unlawful or unconstitutional, then this Writ can be invoked at that time.
• Infringement of Fundamental Rights: When the Fundamental Rights of the person is infringed and he becomes aggrieved then he can approach either High Court or Supreme Court in Article 226 and 32 of the Constitution respectively. Brij Khandelwal vs Union of India12: The Delhi High Court has decided not to prevent the subordinate government from entering into an agreement regarding a limited dispute. This ruling is based on the understanding that such a prohibition is intended to regulate quasijudicial functions rather than executive functions, and it does not stop the government from performing its executive duties. However, the strictness of this prohibition has been erased due to the broader interpretation of natural justice and the rise of fairness in administrative actions. Consequently, this perspective is no longer valid.
A writ can now be issued to anyone, provided that any of the grounds for issuing the writ are met. Currently, prohibition is widely seen as a means of judicial oversight over decisions made by administrative and quasi-judicial bodies that affect rights.
5. Quo Warranto: ‘By what authority’ or warrant does it mean? This writ is given by
the court to enquire into the lawfulness of the case of an individual to a public office It forestalls unlawful serve in the position of authority by an individual. The court issues this writ and prohibits the person from holding the office in question if it determines that the person is holding an office or authority to which he is not entitled. A writ of
12 2015 INSC 511, AIR 1975 Del 184
Quo Warranto in India is a legal remedy used to challenge the validity of a person’s claim to a public office or franchise. It is issued by a court or other competent authority, such as the High Court, under Article 226 of the Indian Constitution. The writ can be used to inquire into the legality of the appointment or election of a public official, and to challenge the eligibility or disqualification of the person holding the office. It can also be issued to inquire into the legality of the exercise of a public function or franchise by a corporation or other legal entity. 13 The writ of Quo Warranto in India is typically used when there is a dispute over the right to hold a public office or franchise, and when other legal remedies are not available or appropriate.
The writ of Quo Warranto is used only in certain conditions when: • Whenever a government body (that came into being by the Law or the Constitution) is being currently held by a private individual, who does not possess any jurisdiction of the same but still acts as one. • The Government body must be of significant character and the duties performed by it should be towards the public. • The person allegedly holding the office must be present and holding the current position during the time of the time of the claim made. • Even if a person was qualified at one point of time, the writ of Quo Warranto can be issued against him if he loses his qualifications. 14 University of Mysore & Anr vs CD Govinda Rao & Anr15: In this instance, the Supreme Court said that this writ of Quo Warrant can only be issued against an office of 'substantial kind'.
The petition was filed against the University of Madras appointment of a Research Reader in English. The Court decided that, when submitting such a Writ petition, the Court should be profound about the post which is in quarrel along-with, is a government office held by an individual without any jurisdiction or legal authority, before filing for the claim of Writ.
13 Writ Of Quo Warranto In India // Examarly. (2023, March 2). Examarly.
https://blog.examarly.com/upsc/writ-ofquo-warranto-in-india/ 14 Garg R, “All You Need to Know about the Writ of Quo Warranto - iPleaders” (iPleaders, March 20, 2022) https://blog.ipleaders.in/all-you-need-to-know-about-the-writ-of-quowarranto/#Grounds_of_issuing_the_writ_of_Quo_Warranto
15 AIR 1965 SC 491
This Writ of Quo Warranto assists in providing a legal remedy through which the person holding the government office or using the authority or liberty, is summoned before the court to explain that by what right he has and is using the jurisdiction or authority, so that his position can be presumed and if founded that he does not have any right to preside over the government office then he can be suspended immediately through a judicial order. 16 Article 227 of the Constitution of India17: This Article talks about the ‘Power of Superintendence’ over all lower courts by High Courts. It is the power given to High Courts whenever there is a need to stop the lower courts from exercising its powers, roles and duties, passing orders, and jurisdiction in excess of their limits thus preventing them from passing or continuing unconstitutional proceedings.
It promotes guidance and supervision to maintain tribunals, subordinate courts and quasi-judicial bodies within their respective jurisdiction and only to check lower courts and others under Article 227 when there is extreme need and an adversity in justice. It can also be compared as minutely equivalent to the “Doctrine of Stare Decisis”18. Since the orders of the Supreme Court are binding on all the other courts, then this doctrine can be used in certain circumstances that the orders of the High Court are binding on lower courts. Thus, it gives rise to exercise of “Supervisory Jurisdiction” to High Courts, which means that it can only overview and supervise the decisions and proceedings of the judicial and quasi-judicial bodies below it. The power of Superintendence vested within the High Court is a two way sword, i. e. , authoritative and juridical for the state.
But, the usage of such power shall only be exercised rarely to keep the subordinate courts and quasi-judicial bodies within the bounds and limitations of their authority/jurisdiction. 19 The supervisory jurisdiction should only be vehement to the absolute need as it cannot be exercised to influence the lower judiciary to pass any order/judgement in a particular manner. The Article 227 can be invoked when:
16 ——, “628” (Lawyersclubindia, November 2, 2023)
https://www.lawyersclubindia.com/articles/writ-jurisdiction-of-supreme-court-with-relevant-judgements- 15095.asp
17 Article 227, Constitution of India
18 Article 141, Constitution of India
19 Bakshi and M P, Constitution Of India, 10/e (Universal Law Publishing 2010)
http://books.google.ie/books?id=rA39_9XtbBkC&printsec=frontcover&dq=Constitution+of+India&hl=&cd=3 &source=gbs_api
When there is grave injustice, failure of justice, tribunal or any other lower judicial/quasi-judicial body has performed in excess of its jurisdiction. • Need to advise lower courts or quasi-judicial bodies along with setting aside proceedings on how to continue further. • When there is a requirement of correction of pure jurisdictional errors only. • When the lower courts act in an arbitrary way. • When the revision (Sec. 397 CrPc) is rejected and there is no possibility to approach the High Court under Sec. 482 CrPc, where it cannot be quashed.
Nexus of Article 226 & Article 227 of the Constitution: Since the Article 226 describes the power of High Courts to issue certain Writ, the Article 227 of the Constitution describes the powers of Superintendence vested within the grasp of High Courts over all other subordinate/lower courts to check its jurisdiction and maintain its credibility by preventing the unconstitutional methods. The motive of Article 226 is to bestow an amicable, easy and feasible remedy to the aggrieved person. It is judicious to note that the powers vested within High Courts under Article 226 is absolute in its legal nature and isn’t barred by any other constitutional provision. Also being a constitutional provision, it is futile to be intervened or getting obstructed by any other statutory provision on frivolous grounds.
The remedy which is available under Article 226 is pre-requisitely determined as a legal or a constitutional remedy which can be enforced whenever a person’s fundamental right is infringed. This remedy is not available for private wrongs. However, under the Constitution, the powers of Article 226 are devised in such a way these writs can also be issued against any private individual too. Article 227 doesn't award any sort of remedy against any person, private or public authority. It supervises and overviews the lower courts whether they are performing their duties within its limits of powers and jurisdiction or not.
The High Court doesn’t just set aside proceedings, the decree, orders of the lower courts or quash their cases; they also perform an advisory jurisdiction towards the lower courts so that they are working in correspondence with the procedural law and not exercise their power outside the limits of their jurisdiction. The Superintendence powers of the High Court are not just limited to the administrative functions, but it also inculcates the power of Judicial Review. The supervisory jurisdictional power and
duty of the High Court under Article 227 is crucial to ensure that the lower courts and other quasi-judicial bodies along with tribunals are working in context of the constitutional provisions and they do not misinterpret any law or statute. Differences between Article 226 & Article 227 The table listed below will give the major differences between the 2 articles: Article 226 Article 227 Powers vested within High Courts to issue Writs Supervisory jurisdiction or power of for violation/ infringement of Fundamental Superintendence over all the other lower courts Rights of individuals and providing them by the High Court for protection of law and remedy. constitution and to meet the ends of justice. It provides for Original Jurisdiction. It provides for “Supervisory Jurisdiction”.
Invoked when proceeding has been certified and Won’t cancel or quash the proceedings, but can if inclined to exercise its power, it may nullify also advise lower courts or quasi-judicial bodies or invalidate proceeding. to act further accordingly.
situations and what are the basic requirements to issue writs and use Supervisory Jurisdiction. The Supreme Court also gave the distinction between the 2 articles as they shall not be treated as equals and prominently, Article 227 shall never be used casually or should be mistaken as the abuse of process of law where the remedy is available in section 482 of the Criminal Procedure Code, 1973 (CrPC)20 and not in Article 227. The Supreme Court has considered the supervisory forces established in Article 227 of the Constitution to place the subordinate court under its subordination. The subordinate court assumes that it has no one, or has not used its jurisdiction or jurisdiction without a legitimate permit or jurisdiction. Therefore, the High Court may interfere with abortion or severe injustice, which may interfere with its ability to monitor its supervision.
In Article 226, the Supreme Court also shows specific important features that the High Court should consider. This type can only be announced in case of a violation of basic or legal rights to individuals or legal authorities. The remedy to be granted shall be on the basis of the circumstances and the remedy demanded by the aggrieved person/ statutory body, also the remedy shall not be awarded for a private wrong and it should be feasible to both the parties’ personal interests. The Apex Court has also repetitively laid stress that the decisions by the High Courts in these Writ petition cases cannot be challenged under Article 227 as it is not the power given by the Constitution to review Writ petitions.
Landmark Judgements on Article 227 There are 2 main Landmark Judgements that are related to the credibility and upholding the Constitutionality of the High Court issuing Writs in Article 226 and power of Superintendence of High Court over lower courts in Article 227. These are:- Surya Dev Rai vs Ram Chander Rai21: In this case, the Supreme Court laid down the fundamental principle that under Articles 226 and/or 227, the High Court is required to exercise its discretion based on judicial conscience, experience and practical wisdom. It is stated that an order of a Civil Court can be challenged in a petition under Article 226 by using a writ of Certiorari, which effectively erases the distinction between Articles 226 and 227.
The difference between these 2 Articles is significant and the powers of the High Court under these Articles have to be exercised sparingly and within the bounds of its powers. In the Surya Dev Rai case, it was initially held that an order of a civil court could be challenged by filing a
20 Section 482 of the Criminal Procedure Code, 1973 (CrPC)
21 (2003) 6 SCC 675
petition under Article 226. The Supreme Court had said that it is essential for counsel to carefully analyse the particular facts and legal principles applicable to the case and provide the best possible representation. Radhe Shyam & Anr vs Chabhi Nath & Other22: In this case, the Supreme Court declared that a writ of certiorari cannot be used to overturn a decision from a lower court. The judgments in the Surya Dev Rai and Naresh Shridhar case were overturned by the Supreme Court and held that civil judgments are not amenable to judicial review through the Writ of Certiorari. The Supreme Court has held several views that the Supreme Court cannot set aside the order of the court under Article 226. A certificate is issued because of a mistake or a judgement which goes against the principles of Natural Justice, or because of obvious errors, or when the "no exemption" rule applies.
The Supreme Court also said during the case that there is no precedent in India for the Supreme Court to pass an order challenging the decision of a lower court. The decision of the lower court cannot be challenged by reference to the meaning of Article 227. It also stated that the cancellation or quashing of any Criminal case proceedings is chargeable under section 482 of Criminal Procedure Code, 1973 (CrPC). Conclusion The Article 226 is clearly a resemblance of the Heart and Soul of the Constitution (Article 32) and helps the people of the country by playing its part by granting powers to the High Court to issue these Writs which immensely helps and speeds up the deliverance of justice.
Each of the Writs defined in a specific way with certain landmark judgements that have been laid down by the Supreme Court truly shows their plenary nature and how well they are aligned with the statutory provisions of the Constitution. The in depth explanation of the Article 226 about when can a person approach a High Court under this article by the Apex Court in certain cases has been essentially helpful in fulfilment of the duties to be done by High Courts. The Article
227 and its Supervisory jurisdiction which completely differs from Article 226 original
jurisdiction. Thus, the difference in the nature of these two articles and their constitutionality stands out on its own along with the power to decide the matters that are defaulted by the lower courts.
22 (2015) 5 SCC 423
References
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3. (1978) 4 SCC 409
4. AIR 1976 SC 1207
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6. Textbook. (2024, January 16). Writ of Mandamus - History, Features, Provisions &
Limitations. Textbook. https://testbook.com/ias-preparation/writ-of-mandamus
7. (2004) 2 SCC 150
8. Centre, J. (2021, June 8). Explained: Writ of Prohibition. Juris Centre.
https://juriscentre.com/2021/06/09/explained-writ-of-prohibition/
9. 2015 INSC 511; AIR 1975 Del 184
10. Writ Of Quo Warranto In India // Examarly. (2023, March 2). Examarly.
https://blog.examarly.com/upsc/writ-ofquo-warranto-in-india/
14. Article 141, Constitution of India
15. Bakshi and M P, Constitution Of India, 10/e (Universal Law Publishing 2010)
http://books.google.ie/books?id=rA39_9XtbBkC&printsec=frontcover&dq=Constituti on+of+India&hl=&cd=3&source=gbs_api
16. (2003) 6 SCC 675
17. (2015) 5 SCC 423