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abhijeet singh (STUDENT)     02 September 2012

Writ against supreme court

Can a writ be filed against Supreme court for violation of fundamental right (specially Art. 14)?



Learning

 4 Replies

Democratic Indian (n/a)     03 September 2012

I would like to know why writ cannot be filed against Supreme Court? Supreme Court is State as defined under Article 12 of the Constitution. If State violates your Fundamental Right, you have every Right to approach Supreme Court under Article 32 of the Constitution. You may read this https://www.legalserviceindia.com/article/l271-Article-12.html

dr g balakrishnan (advocate/counsel supreme court)     05 September 2012

what is your case against Supreme court of india.. regds. adv. dr. g. balakrishnan


(Guest)

Writ petition against the Honble Supreme Court is Not maintainable. High courts and Supreme Courts are constitutional courts.

dr g balakrishnan (advocate/counsel supreme court)     23 September 2012

Principle is Supreme court is the custodian of the constitution and as such no one can file a petition against Supreme Court, as it is Supreme vide Art 124. 

So no one can file a petion on supreme court as it known like Crown ' cannot ever do any wrong' like Speaker's office,PMO, CAG.CEC....' but if any judge/ justice does wrong he can be impeached by Parliament only if only 2/3rds members present  and voting under Article 124(4) then only motion of impeachment shall be carried.

So you cannot abuse the Supreme court as an Authority.

All that one can move against administrative officers if you have a sufficient proof against funtionaries other than judges of Honorable supreme court

It is to be specifically noted no one can question on its judgement even if it is faulty except appeal under revision and review only.

If review or revision confirms its previous judgement the it is final.

 

so what you want to file is the question sir?

Against judges then only impeachment only the procedure that one as a citizen cannot move except  some specified number of MPs have to move the application before speaker of Lok Sabha or just lodge your grievence to the President of India as office of president is also a constitutional office like Supreme court except appointment of judges and once apointed pesident also cannot remove the judge without impeachment proceeding mooted by parliament!

 

So i asked what is your case and it means on whom? 

regards..Dr.M.P.G.B..Krishnan, PhD, LL.B.,M.L,....Advocate


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