Vaibhav 25 September 2021

Writ petition under article 32 of the constitution

Whether –

an ex parte order passed by an authority in exercise of power conferred upon him by an Act (Special Statute); and
an interlocutory order passed an appellate authority (a Civil Court) before whom an appeal is preferred against said ex parte order; and
the Act(said Special Statute), and the Rules made thereunder, which confers power and jurisdiction on said authority and said appellate officer, being ultra vires to the Constitution –

can be challenged in a SINGLE WRIT PETITION, preferred under Article 32 of the Constitution of India provided that said orders are found to be violative of rights guaranteed under Part III (FUNDAMENTAL RIGHTS ) of the Constitution?

Any appropriate authority (Citation) may be cited in support of the reply to said query.

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2 Replies

minakshi bindhani 21 October 2021

As per your concerns!

In a writ of mandamus, whereas when a public officer fails to perform his/her official duty or something which forms part of his/her official duty. The Writ of Mandamus is a matter of grace and not a matter of right. But it is the discretionary power of the court to allow the writ of mandamus. This means - if the court thinks that there may have been a failure in performing the duty by the lower court or public authority, then the court may allow the writ of mandamus.

Hope it is helpful
Regards
Minakshi Bindhani

Archana Pandey 17 January 2022

A person whose rights have been infringed by any arbitrary decision of the executive or any administrative body can approach the court for enforcement of his rights. The Constitution of India confers writ jurisdiction on the High Court under Article 226 and on the Supreme Court under Article 32 of the Indian Constitution. These powers are given to the Courts for the protection of an individual’s right or for the enforcement of those rights.

Article 32

This is a fundamental right guaranteed by our constitution. It provides constitutional remedies against infringement of the fundamental rights of a citizen. The jurisdiction of Supreme Court to issue writs is applicable on the whole of India. However, Supreme Court is not conferred with the right to issue writs against any administrative decision which is in contravention of the ordinary law.