Vinav K Mishra (Lawyer) 02 September 2011

Contentions related to the constitution

I am a junior adv in baroda and practising on the civil side

One of my seniors told me that any contentions in relation to the fundamental rights or in relation to any provisions of the constitiution can be raised only before the High Court and not before the civil court senior division or even the district court.

Cant i raise a contention for breach of a fundamental right. I suppose i do not challange the authority of the articles but am just asking for its enforcement on its breach. am i conceptually correct? will be greatly thankful if any authority would be cited.

Thanx in advance.

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3 Replies

pratik (self working) 02 September 2011

I also want to know.

Thanks

hetaben shah (--) 03 September 2011

yes your senior is right,but if you want to just use in one para in case dalil then you can

Democratic Indian (n/a) 04 September 2011

Your seniors are right to a great extent. (My opinions below are subject to correction by senior experts/advocates.)

If fundamental rights of a person are violated by individual/s then we have laws(legal rights) pormulgated by the State to provide justice. The courts lower than High Court can deal with such cases. To strengthen your arguments you can surely mention or write about fundamental rights etc. so that your client can get justice by the enforcement of the laws(legal rights.)

If fundamental rights of a person are violated by the State, then courts lower than High Court are not competent to deal with the matter. Then you should approach High Court under Article 226 of Constitution or if the matter is of more severe nature, you may approach Supreme court under Article 32 of the Constitution.