Constitution

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By Dr. Mondal

Introduction to Constitution

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​ARTICLE 2, SECTION 1

DEMOCRACY AND REPUBLICANISM

​Democracy adheres to the principle of people-centered governance. It is founded on the principle of equality (Article 3, Section 1) and liberty (Article 3, Section 4)

​Republicanism is a principle and system of governance centered on democratic values where the people elect their representatives to manage the affairs of the State.

Public Interest Litigation

Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati.

Judicial Review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.

Writ Petition

Writ Petition is an order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. Writ is a form of written command in the name of the court. It directs you to act in a specific way.

Writ in India is the formal order of the court directing the authorities if there is a violation of the Fundamental Rights by a government authority or body. You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution, whereas you can file the writ petition in High Court under Article 226 of the Indian constitution. You can also file Writ Petitions in India for a civil or a criminal act