JUDICIAL REVIEW

Introduction
India has its three organs which form the entire body of government. This particularly includes
the legislature, executive and judiciary.
 The legislature's role is to institute laws, the executive's role is to administer these laws, and
the judiciary's role is to check the credibility of those laws shaped by the legislature.
 The judiciary has the authority of judicial review, or judicial scrutiny of the exertions or
undertaking of legislative, executive, and administrative arms of the directorate or
government.
 The paramount intention of performing such an act is to check whether the actions are under
the purview of the law of land i.e. Constitution or not.
What is Judicial Review?
 It is a type of court proceeding in which a judge reviews the lawfulness of a decision or
action made by a public body.
 In other words, judicial reviews challenge how a decision has been made, rather than the
rights and wrongs of the conclusion reached.
 Judicial review has two important functions, like, of legitimizing government action and the
protection of constitution against any undue encroachment by the government.
 Judicial review is also called the interpretational and observer roles of the Indian judiciary.

Types of Judicial Review

 Reviews of Legislative Actions:
o This review implies the power to ensure that laws passed by the legislature are following the
provisions of the Constitution of India, 1950 (COI).
 Review of Administrative Actions:
o This is a tool for enforcing constitutional discipline over administrative agencies while
exercising their powers.
 Review of Judicial Decisions:
o This review is used to correct or make any change in previous decisions by the judiciary itself.

Scope of Judicial Review

 The constitutional validity of a legislative enactment or an executive order can be
challenged in the Supreme Court or in the High Court on the following grounds.
o It violates the Fundamental Rights enshrined in Part III of Constitution.
o It is outside the competence of the authority which has framed it.
o It is repugnant to the constitutional provisions.

Limitations of Judicial Review

 It limits the functioning of the government.
 It violates the limit of power set to be exercised by the constitution when it overrides any
existing law.
 In India, a separation of functions rather than of powers is followed.
 The concept of separation of powers is not adhered to strictly.
 The judicial opinions of the judges once taken for any case becomes the standard for ruling
other cases.
 Judicial review can harm the public at large as the judgment may be influenced by personal or
selfish motives.
 Repeated interventions of courts can diminish the faith of the people in the integrity, quality,
and efficiency of the government.
 Constitutional Provisions for Judicial Review
 There is no direct and express provision in the constitution empowering the courts to
invalidate.
 Some provisions in the constitution supporting the process of judicial review are:

o Article 372 (1): Establishes the judicial review of the pre-constitution legislation.
o Article 13: Declares that any law which contravenes any of the provisions of the part of
Fundamental Rights shall be void.
o Articles 32 and 226: Entrusts the roles of the protector and guarantor of fundamental rights to
the Supreme and High Courts.
o Articles 251 and 254: In case of inconsistency between union and state laws, the state law
shall be void.
o Article 246 (3): Ensures the state legislature’s exclusive powers on matters pertaining to the
State List.
o Article 245: The powers of Parliament and State legislatures are subject to the constitution's
provisions.
o Articles 131-136: Entrusts the court with the power to adjudicate disputes between
individuals, between individuals and the state, between the states and the union; but the court
may be required to interpret the provisions of the constitution and the interpretation given by
the Supreme Court becomes the law honoured by all courts of the land.
o Article 137: Gives a special power to the SC to review any judgment pronounced or order
made by it. An order passed in a criminal case can be reviewed and set aside only if there are
errors apparent on the record.

Landmark Judgements Based on Judicial Review

 Golaknath v. State of Punjab (1967):
o In this case the Supreme Court ruled that Parliament lacked the authority to change the
Fundamental Rights guaranteed by the Constitution.
o This judgment was eventually reversed by the 24th Amendment to the Constitution, which
empowered Parliament to change any aspect of the Constitution, including Fundamental
Rights.
 Keshwanand Bharti v. Union of India (1973):
o In this case it was held that nothing can be kept aside from the purview of judicial review if it
violated the basic structure of the constitution.
 Indira Gandhi v. Rak Narain (1975):
o In this case, judicial review was held as part of the basic structure of the constitution.
 Vishaka vs. State of Rajasthan (1997):
o In this case, the Supreme Court ruled that workplace sexual harassment violates women's
basic rights.
o The court issued advice for companies on how to prevent and address workplace
harassment.

Conclusion
The concept of Judicial review first emerged from the United States Constitution. Judicial
review helps to keep a check and balance on the functioning of the legislature, executives and
administrative functions. India has the concept of check and balance which also keeps a check
on the judicial decisions which prevents judiciary from committing any arbitrariness.
 Droit Administratif
Meaning of Droit administrative: French administrative law is known as Droit Administratif
which means a body of rules which determine the organization, powers and duties of public
administration and regulate the relation of the administration with the citizen of the country.
Droit Administrative does not represent the rules and principles enacted by Parliament. It
contains the rules developed by administrative courts.

Napoleon Bonaparte was the founder of the Droit administrative. It was he who established the
Conseil d’Etat. He passed an ordinance depriving the law courts of their jurisdiction on
administrative matters and another ordinance that such matters could be determined only by
the Conseil d’Etat.

Waline, the French jurist, propounds three basic principles of Droit administrative:

1. The power of administration to act suo motu and impose directly on the subject the duty to
obey its decision;
2. The power of the administration to take decisions and to execute them suo motu may be
exercised only within the ambit of law which protects individual liberties against administrative
arbitrariness;
3. The existence of a specialized administrative jurisdiction.

Main characteristic features of droit administratif.

The following characteristic features are of the Droit Administratif in France:
1. Those matters concerning the State and administrative litigation falls within the jurisdiction
of administrative courts and cannot be decided by the land of the ordinary courts.
2. Those deciding matters concerning the State and administrative litigation, rules as
developed by the administrative courts are applied.
3. If there is any conflict of jurisdiction between ordinary courts and administrative court, it is
decided by the tribunal des conflicts
Doctrine of Bias
The doctrine of bias, also known as the rule against bias, is a legal principle that ensures that
decision-makers are impartial. It's a fundamental principle of natural justice that protects the
integrity of judicial and administrative processes.
What does the doctrine of bias ensure?
 Decision-makers are free from personal, financial, or preconceived biases
 Decisions are made based on the merits of the case, not external factors
 Parties don't act as judges in their own disputes

What types of bias can occur?

 Personal bias: When a decision-maker has a personal interest in a case
 Pecuniary bias: When a decision-maker has a financial interest in a case
 Subject matter bias: When a decision-maker is directly or indirectly involved in the subject
matter of a case
 Departmental bias: When bias is inherent in the administrative process

 Preconceived notion bias: When a decision-maker has preconceived notions about a case

What happens if bias is suspected?

 A decision may be considered invalid
 A review or appeal may be necessary
 SEPERATION OF POWERS
…there is no liberty if the powers of judging are not separated from the legislative and
executive.

The separation of powers is a prerequisite for the efficient administration of federal democratic
states. According to the doctrine of separation of powers, the state power is divided into three
different branches- legislative, executive, and judiciary. Each branch has its own independent
power and demarcated responsibility. This separation is essential to ensure that one branch
does not interfere with the working of the other two branches.

The separation of powers is based on the concept of “trias politica”. This principle visualizes a
tripartite system where the powers are delegated and distributed among three organs outlining
their jurisdiction each. They cannot interfere with each other and execute each other functions.

Legislative: The primary function of the legislature is to enact laws, which reflects the will of
the State and underpins the autonomy of its governance. It plays a crucial role in the
functioning of the executive and judiciary by setting the legal framework within which these
organs operate. The legislature is considered the foremost of the three branches of
government because lawmaking is fundamental to the execution and application of laws. The
Parliament is empowered to legislate on any matter, provided it conforms to the Constitution.
The judiciary may give advice and suggestions to the legislature about the framing of new laws
and amendment of certain legislation but it cannot overtake the function of the legislature.

Executive: This organ is tasked with implementing, executing, and enforcing the will of the
state as defined by the constituent assembly and the legislature. The executive branch serves
as the administrative arm of the government and is often referred to as the “mainspring” of
governance. If the executive branch falters, it can disrupt the balance and functionality of the
entire government. In a narrower sense, the executive includes the head of state, advisors,
departmental heads, and their respective ministers.

Judiciary: It refers to those public officers whose responsibility is to apply the law framed by
the legislature to individual cases by applying the law legislated by the Parliament. The Indian
judiciary is a key pillar of the Indian government, responsible for interpreting the law, ensuring
justice, and upholding the Constitution. It operates independently of the executive and
legislative branches, ensuring a balance of power within the federal structure of India

RIGHT TO KNOW

The right to know in administrative law is the right of citizens to access information about the
government and its operations. This right is protected by the Right to Information Act (RTI Act)
of 2005.
Explanation
 It is a fundamental right in India, protected by Article 19(1) of the Constitution.
 The RTI Act was enacted in 2005 to give citizens the means to exercise this right.
 The RTI Act aims to make the government more transparent and accountable.
 The RTI Act provides a way for citizens to request information from government departments.
 The RTI Act helps citizens hold the government accountable for its actions.
 Delegated legislation
Delegated legislation is a term used to describe rules, regulations, and orders made by
individuals or bodies that have been given the power to do so by a higher authority. It is also
known as subordinate or secondary legislation.
How it works
 Enabling Act
A law passed by the legislature that grants the power to create regulations
 Delegated legislation
The regulations, rules, and orders created by the authorized individuals or bodies
 Scrutiny
The higher authority, such as Parliament, reviews the delegated legislation to ensure it
doesn't exceed the powers granted
Examples of delegated legislation
 Regulations: Made by the Executive or a Minister and apply to the general population
 Statutory rules: Made by the Executive or a Minister and apply to the general population
 By-laws: Made by a Local Government Authority and apply to the people who live in that area
 Rules for courts: Describe the procedure to be followed in courts
Benefits and limitations
 Delegation can help reduce the workload of the legislature
 However, excessive delegation can be harmful
 The legislature must retain control over the legislative policy and cannot entirely delegate its
responsibility to the executive

Reasoned Decision
A reasoned decision in administrative law is a decision that is supported by reasons and is
also known as a speaking order. It is a fundamental principle of natural justice that a party has
the right to know the reasons for a decision.
Why is a reasoned decision important?
 Fairness
Reasoned decisions help to ensure that administrative powers are fair and that arbitrariness
is minimized.
 Judicial review
Reasoned decisions are an essential part of judicial review.
 Public trust
Reasoned decisions help to build public trust in the authorities by ensuring that decisions are
correct and made in good conscience.
 Rule of law
Reasoned decisions help to uphold the rule of law by minimizing the chances of abuse of
power.
What should a reasoned decision include?
 A clear and explicit explanation of the reasons for the decision
 A connection between the reasons and the facts of the case
 A clear conclusion based on the reasons
 The Principles of Natural Justice
The principles of natural justice are a set of procedural standards that ensure fairness and
justice in legal proceedings. These principles are based on the idea that all parties involved in
a legal dispute should have a fair opportunity to present their case. Some principles of natural
justice include:
 Audi alteram partem
This principle means "hear the other party". It ensures that no one is condemned without
being heard.
 Rule against bias
This principle states that decision-makers must be impartial and unbiased. They should not
have any personal interest in the matter.
 Reasoned decision
This principle requires that decisions are based on reasoning. It ensures that the evidence
relating to the case has been duly considered.
 Hearing rule
This principle states that all parties involved in a dispute should have the opportunity to
present their case.

The principles of natural justice are fundamental to the rule of law and are deeply embedded in
the Constitution of India.
Examples of natural justice in action
 The case Maneka Gandhi v. Union of India is an example of natural justice in action

Locus standi
Locus standi is a legal term that refers to the right of a party to participate in a legal action or
lawsuit. It is a concept in administrative law that determines whether a party has a legitimate
interest in a case.
What does locus standi mean?
 Locus standi is a Latin term that means "the right to stand before the court of law"
 It ensures that only parties with a genuine interest in a case can participate in the legal
process
 It prevents frivolous or irrelevant lawsuits

Why is locus standi important?

 Locus standi contributes to the integrity and efficiency of the legal system
 It ensures that only those with a genuine connection to the legal issue are allowed to
participate in the legal process

How does locus standi work?

 A party must demonstrate that they have a direct and personal interest in the case
 This could be by showing that they have suffered harm or have a specific legal right that is
being violated
 The requirements for locus standi can vary depending on the jurisdiction and the legal context
 The Rule Of Law
 The term ‘rule of law’ is derived from the French word ‘le principe de legalite’ which
means ‘the principle of legality’.
 Rule of law, also known as supremacy of law, means that no one (including government) is
above the law.
 The rule of law is a legal principle that law should govern a nation against arbitrary
decisions by government officials.
o Every person is subject to the jurisdiction of ordinary courts of law irrespective of their position
and rank.

Dicey’s Concept of Rule of Law

 Professor A.V. Dicey is known to be the main exponent of the concept of the rule of law.
 In 1885, he propounded three principles of the rule of law in his classic book ‘Law and the
Constitution’.
 According to Professor A.V. Dicey, to achieve the supremacy of law the following three
principles must be followed:
o Supremacy of the law
o Equality before the law
o Predominance of legal spirit: the court should be free from impartiality and external influence.

Audi alteram partem

Audi alteram partem is a Latin phrase that means "listen to the other side" or "let the other side
be heard". It is a legal principle that ensures all parties in a dispute have a fair chance to
present their case.
What does it mean?
 No one should be judged without a fair hearing
 All parties should be given the opportunity to respond to evidence against them
 Each party has the right to be informed of the charges against them
 Each party has the right to call witnesses and cross-examine witnesses called by the other
side

Why is it important?
 It is a fundamental principle of natural justice
 It is a basic requirement of the rule of law
 It ensures fairness and impartiality in legal and administrative proceedings

A prerogative writ
A prerogative writ is an official order issued by a court that directs a government agency,
official, or other court. The term is considered outdated, and the writs are often called
extraordinary writs or remedies. Types of prerogative writs:
 Habeas corpus: A writ that allows an individual to test the validity of an act that deprived them
of their personal liberty
 Mandamus: A writ that directs a government agency or official to take action
 Prohibition: A writ that directs a government agency or official to stop taking action
 Certiorari: A writ that directs a government agency or official to take action
 Quo warranto: A writ that directs a government agency or official to take action
 Procedendo: A writ that directs a government agency or official to take action

The Doctrine of Legitimate Expectation

The Doctrine of Legitimate Expectation is a principle in administrative law that ensures fairness
in governmental actions. It allows individuals to expect that public authorities will act
consistently with their past practices or promises, even if these expectations do not amount to
legal rights. Here are the key points:

Key Elements

1. Legitimacy: The expectation must be reasonable and based on a clear and

unambiguous promise or established practice.
2. Established Practice: There should be a consistent and regular practice or an express
promise by the administrative authority.
3. Arbitrary Decision: The expectation arises when an administrative authority makes an
arbitrary decision that deviates from established practices or promises.
4. Locus Standi: The claimant must have a direct interest in the matter.

Types of Legitimate Expectations

1. Procedural: Expectation of a fair procedure, such as a hearing before a decision is

made.
2. Substantive: Expectation that a benefit or treatment will continue.

Important Case Laws

 Scheduled Caste and Weaker Section Welfare Association v. State of Karnataka

(1991)
 Punjab Communications Ltd. v. Union of India (1999)

The doctrine ensures that administrative authorities do not act arbitrarily and maintain
fairness in their actions

Public interest Litigation (PIL)

 Public interest Litigation (PIL) means litigation filed in a court of law, for the protection
of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc.
Any matter where the interest of public at large is affected can be redressed by filing a
Public Interest Litigation in a court of law.
 Public interest litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large.
 Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of the court
that the petition is being filed for a public interest and not just as a frivolous litigation by a
busy body.
 Any citizen can file a public case by filing a petition:
 Under Art 32 of the Indian Constitution, in the Supreme Court.
 Under Art 226 of the Indian Constitution, in the High Court.
 Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
 INJUNCTION
An injunction in administrative law is a judicial order that restrains a party from performing a
specific act or compels them to perform a specific act. It is a powerful tool used to ensure that
administrative authorities act within the bounds of their legal powers and do not violate the
rights of individuals. Injunctions are essential in administrative law to protect individual rights
and ensure that public authorities act within their legal limits.

Types of Injunctions

1. Prohibitory Injunction: Prevents a party from doing something that would cause harm
or violate rights.
2. Mandatory Injunction: Compels a party to perform a specific act to rectify a wrong or
fulfill a legal obligation.

Purpose

 Prevent Harm: Injunctions are used to prevent irreparable harm that cannot be
adequately compensated by damages.
 Maintain Status Quo: They help maintain the status quo until the final resolution of a
dispute.
 Ensure Compliance: Injunctions ensure that administrative authorities comply with the
law and do not exceed their powers.
 Environmental Protection: An injunction may be issued to prevent a government
agency from proceeding with a project that could cause environmental damage.
 Public Health: An injunction can be used to compel a public authority to take necessary
actions to protect public health.

Inquiry Commission
In India, an Inquiry Commission is a body appointed by the government to investigate and
report on matters of public importance. These commissions are established under the
Commissions of Inquiry Act, 1952.

Purpose: The primary purpose of an Inquiry Commission is to conduct thorough investigations

into significant issues that affect the public, such as corruption, administrative failures, social
issues, and other matters of public concern. These commissions play a crucial role in ensuring
transparency, accountability, and justice in public administration by thoroughly investigating
matters of public concern.

Key Features

1. Appointment: The Central or State government can appoint a commission of inquiry if

it deems it necessary or if a resolution is passed by the Parliament or State Legislature.
2. Powers: The commission has the authority to summon and enforce the attendance of
witnesses, require the discovery and production of documents, and receive evidence on
affidavits. It operates with powers similar to those of a civil court.
3. Procedure: The commission follows a procedure akin to that of a civil court and can
regulate its own procedure. It can take evidence on oath and protect witnesses from
prosecution based on their testimony.
4. Reporting: After completing its investigation, the commission submits its report to the
government, which then decides on the action to be taken based on the findings.
Examples

Assassination of former Prime Minister Indira Gandhi and the Gujarat riots of 2002.

Quasi-Judicial Act
A quasi-judicial act refers to an action taken by an administrative body, agency, or official
that involves making decisions or resolving disputes in a manner similar to a court. These acts
often involve interpreting laws, applying them to specific facts, and making determinations that
affect individuals or entities, similar to how judges operate in courts.

While quasi-judicial bodies are not technically courts, they are empowered to conduct
hearings, review evidence, and issue rulings that have legal consequences. Common
examples include decisions made by regulatory agencies (such as the Federal
Communications Commission), zoning boards, or human rights commissions.

Key features of quasi-judicial acts include:

 Adjudication of disputes: Resolving conflicts between parties by applying legal

principles.
 Formal procedures: Although not as formal as court proceedings, there are often set
processes, like hearings, evidence presentation, and written decisions.
 Impartial decision-making: The decision-makers are expected to act fairly, objectively,
and based on facts, without bias.

Examples: Examples of quasi-judicial bodies in India include the Income Tax Appellate
Tribunal, the National Consumer Disputes Redressal Commission, and the Central
Administrative Tribunal.

Administrative law
Administrative law is a branch of public law that governs the activities of administrative
agencies of government. It involves the rules, regulations, and procedures created and
enforced by administrative bodies. Here are the key points:

Key Features

1. Regulation of Government Agencies: Administrative law regulates the powers and

duties of government agencies, ensuring they act within their legal authority.
2. Rulemaking: It involves the creation of rules and regulations by administrative
agencies, which have the force of law.
3. Adjudication: Administrative law includes procedures for resolving disputes involving
government agencies, such as hearings and appeals.
4. Judicial Review: Courts have the power to review administrative actions to ensure they
comply with the law and do not violate individual rights.

Purpose: The primary purpose of administrative law is to ensure that government actions are
lawful, fair, and transparent. It provides mechanisms for accountability and protection of
individual rights against arbitrary or unlawful actions by administrative bodies.

Examples

 Environmental Regulations: Rules set by environmental agencies to protect natural

resources.
 Labor Laws: Regulations governing employment practices and worker rights.
  Consumer Protection: Rules to safeguard consumer interests and ensure fair trade
practices.

Administrative law plays a crucial role in maintaining the balance between the powers of
government agencies and the rights of individuals.

Growth of Administrative Law

The growth of administrative law has been a significant development in modern legal systems,
reflecting the increasing role of government in regulating various aspects of society.

The growth of administrative law has been a crucial development in ensuring that government
actions are lawful, fair, and accountable, reflecting the evolving needs of modern society.

Factors Contributing to Growth

1. Complexity of Modern Society: The increasing complexity of modern society and the
need for specialized regulation in areas such as health, safety, and the environment
have driven the growth of administrative law.
2. Welfare State: The rise of the welfare state and the need for government to provide
social services and regulate economic activities have contributed to the expansion of
administrative law.
3. Judicial Review: The development of judicial review mechanisms has ensured that
administrative actions are subject to legal scrutiny, promoting fairness and
accountability.

The Central Administrative Tribunal (CAT)

The Central Administrative Tribunal (CAT) is a specialized body in India established to
adjudicate disputes and complaints related to the recruitment and conditions of service of
persons appointed to public services and posts in connection with the affairs of the Union or
other authorities under the control of the Government.

Key Features

1. Establishment: The CAT was established under the Administrative Tribunals Act,
1985.
2. Jurisdiction: It has jurisdiction over all service matters concerning the central
government employees, including recruitment, promotions, transfers, and disciplinary
actions.
3. Benches: The CAT operates through various benches located in different parts of the
country, with the Principal Bench located in New Delhi.
4. Procedure: The tribunal follows a procedure similar to that of a civil court, including
summoning witnesses, taking evidence, and making reasoned decisions.
5. Appeals: Decisions of the CAT can be challenged in the High Court and, subsequently,
in the Supreme Court of India.

Purpose

The primary purpose of the CAT is to provide a speedy and cost-effective mechanism for
resolving service-related disputes of central government employees, ensuring fairness and
justice in administrative matters.
 Habeas Corpus
Habeas Corpus is a Latin term that means "you shall have the body." It refers to a legal
principle and writ that protects an individual's right to be free from unlawful detention or
imprisonment. The writ of habeas corpus is a fundamental safeguard of personal liberty and
ensures that a person who is detained can challenge the legality of their detention before a
court.
Habeas Corpus in India:

 In India, Article 32 of the Constitution guarantees the right to approach the Supreme
Court for the enforcement of fundamental rights, including the right to life and personal
liberty (Article 21). The Habeas Corpus Petition can be filed under Article 32 before
the Supreme Court, or under Article 226 before the High Court, if a person is unlawfully
detained.
 Courts in India have been proactive in enforcing this right, often intervening in cases
where detainees claim unlawful detention, including in instances of preventive detention
and arrests without due process.
 The writ has been invoked in a variety of contexts, from unlawful arrests to challenges
against the detention of individuals under preventive detention laws (such as the
National Security Act).

Writ of Prohibition
The writ of prohibition is a judicial order issued by a higher court (usually a superior court,
like a High Court or the Supreme Court) to a lower court or tribunal, directing it to stop
proceedings in a case that exceeds its jurisdiction or authority. Essentially, this writ is used to
prevent an inferior court or authority from acting beyond its lawful powers.

1. Preventive in nature
2. Issuance by higher courts
3. Jurisdictional Issues
4. Irreparable Harm

In India, the writ of prohibition is provided under Article 226 of the Constitution, which grants
the High Courts the power to issue orders, directions, and writs, including the writ of
prohibition, to ensure that the lower courts or tribunals do not act beyond their jurisdiction.

 Article 32 of the Indian Constitution also grants the Supreme Court the power to issue
writs, including prohibition, to enforce the fundamental rights of citizens.

For example, in the case of K.K. Verma v. Union of India (1954), the Supreme Court of India
issued a writ of prohibition against the administrative tribunal, as the tribunal was proceeding
without proper jurisdiction.
 Writ of Certiorari
The writ of certiorari is a judicial order issued by a higher court to a lower court, tribunal, or public
authority, directing it to send the record of a case or proceeding for review. It can also be used to
quash or annul the decision of the lower court or tribunal if it is found to be illegal, erroneous, or
made in excess of jurisdiction. Essentially, it is a corrective writ that is used to rectify any errors
made by inferior courts or tribunals.

In India, the writ of certiorari is provided under Article 226 of the Constitution, which gives the
High Courts the power to issue orders, directions, or writs, including certiorari, to any person or
authority within its jurisdiction. The writ can be used by the High Court to review the decisions of
inferior courts, tribunals, or administrative bodies.

Additionally, Article 32 of the Constitution also allows the Supreme Court to issue certiorari for
enforcement of fundamental rights. However, the Supreme Court typically issues certiorari when
an individual's fundamental rights have been infringed upon, and the High Court is unable to
provide adequate relief.

In the case of State of Uttar Pradesh v. Johri Mal (2004), the Supreme Court of India used the
writ of certiorari to quash an order made by an administrative tribunal that was found to be in
excess of its jurisdiction.

Writ of Mandamus
A writ of mandamus is a legal order issued by a higher court to a lower court, government official,
or public authority, directing them to perform a specific duty that they are legally obligated to carry
out but have failed to do. It's an extraordinary remedy, used when there’s no other adequate legal
remedy available, and it’s often requested to compel someone to act according to the law.

In essence, the writ forces the person or entity to fulfill a responsibility or duty they are required to
perform under the law.

In India, the writ of mandamus is an important tool used to ensure that public authorities perform
their legal duties. The Indian Constitution under Article 32 (Supreme Court) and Article 226
(High Courts) grants the power to issue writs, including mandamus.

Here are a few example cases in India where a writ of mandamus was issued:

State of Uttar Pradesh v. Rajesh Yadav (2013): The High Court of Allahabad issued a writ of
mandamus, ordering the state government to grant the promotion to the petitioner, as the
authorities were legally obligated to do so under the promotion rules.

Writ of quo Warranto

A writ of quo warranto is a legal remedy issued by a higher court to inquire into the legality of a
person’s claim to a public office or authority. The term "quo warranto" is Latin, meaning "by what
authority" or "by what warrant." This writ is used to challenge whether someone is legally entitled to
hold a particular office or position, and it requires the person holding the office to show the legal
authority (or warrant) for their holding of that position.
The writ can only be used to challenge public offices (those that are created by the Constitution,
statute, or common law) and not private positions or offices.

T. S. Krishnamurthy v. State of Tamil Nadu (2005): The Court, in this case, issued a writ of quo
warranto, removing the individual from the office since the appointment violated legal and
constitutional requirements.