This is Part I of a three part blog post:
Numbers. You wouldn’t think that we lawyers have much to do with them. You’d be surprised. As an Indian lawyer, I can safely say there is a string of numbers drilled so deep into my brain, I couldn’t forget them if I tried. They are an odd jumble of facts and figures. Sometimes they are years, for instance 1872 – the year the Indian Contract Act came into existence. Here and there, they are section numbers, such as 300 – the provision under the Indian Penal Code that defines the offense of murder. Yet other times they are a number of judges, for example 13 – the largest ever bench of judges constituted by the Supreme Court of India to hear the landmark case of Kesavananda Bharati v. State of Kerala. But all of these numbers pale in comparison to a certain string, which takes pride of place in our legal system – 14, 19, 21 and 32.
Let me give you some background and do a quick translation from legalese. The most fundamental governing document which lays down the supreme law of our land is a lengthy text we call the Constitution. The Constitution of India does a whole bunch of things –it provides for us to have a parliamentary form of government, it establishes the structures, functions, powers and procedures of the government and its bodies and very importantly, it defines the fundamental rights and duties of the citizens. The Constitution of India is a heap of numbers in itself. It is made up of 448 articles (labelled 1-395) in 25 parts (labelled 1-22), 12 schedules, 5 appendices and 98 amendments.
Coming back to that string of numbers I mentioned a paragraph ago – 14, 19, 21 and 32. These are fundamental rights, specifically some of the most vital of fundamental rights that are guaranteed to us citizens by the constitution. Article 14 gives us the right to equality, Article 19 provides us the right to freedom and Article 21 ensures right to life and personal liberty. There are other fundamental rights as well – covering the right against exploitation, the right to freedom of religion and cultural and educational rights of minority communities. As for Article 32, it is a legal behemoth, the mother of them all. It was this article that Dr. B.R. Ambedkar referred to as the “the very soul of the constitution and the very heart of it”. When the chief architect of the constitution says this, you know you’re dealing with a big one.
So what does Article 32 confer on us? It provides the right to constitutional remedies. Basically, it is this article that empowers the citizens to approach a court of law in case any of their other fundamental rights are violated. Article 32 is a tree of life of sorts for the other fundamental rights, meaning without the right to constitutional remedies, none of the other fundamental rights are enforceable.
When a person approaches a court claiming his or her fundamental rights have been violated, if the court finds that the fundamental right has been breached, they can issue an order to enforce the right. This order, which is issued by the Supreme Court under Article 32 and the High Courts under Article 226 of our constitution, is called a writ.
While that brings us to the end of our brief constitutional lesson for today, we are nowhere close to done with writs. We’ve found a fair number of writs in our database, and trying to analyse them has been a loopy ride to say the least. In next week’s post I’ll be breaking down the different kinds of writs and showing you some writ related data that we have in the DAKSH database.
See you then!
The blog is great. Basically love the way how all the composed function has been put.Joseph HayonReplyDelete
Easily, the article is actually the best topic on this registry related issue. I fit in with your conclusions and will eagerly look forward to your next updates. Just saying thanks will not just be sufficient, for the fantasti c lucidity in your writing. I will instantly grab your rss feed to stay informed of any updates. Joanne TaylorReplyDelete
Yes, great US Military force. Also, in his post you have given a chance to listen about US Military. I really appreciate your work. Thanks for sharing it. lawyer Tweed Heads, NSWReplyDelete
Albeit unfriendly ownership is a legal term or law, it can't be called legal. The day and age of control of the property, before getting the title of proprietorship, is really illegal.trademark registrationReplyDelete
This comment has been removed by the author.ReplyDelete
This comment has been removed by the author.ReplyDelete
I have to admit, when I was first introduced to my first online company, I was confused. Heck, at the time, the only reason I signed up is because I was desperate for money... I had no idea how to market on the search trademark in India I viewed all of these landing pages with these enormous claims of income and how I could do it all working from homeReplyDelete
your knowledge is really awesome what do you think about The UK SolicitorsReplyDelete
what are your views about Mobile Phone Prices in PakistanReplyDelete
i request to look into type of marriages in pakistan that are occuring due to Latest Mobile Prices in BangladeshReplyDelete
good post thanks visit us Honor mobile pricesReplyDelete
organization structure that we designed and create legal entities accordingly. Singapore Workpass ApplicationReplyDelete
The blog is great.check this out Jazz Internet PackagesReplyDelete
This is goodReplyDelete
Best University for Pharmacy in Uttarakhand
This blog is great.please check it one timeReplyDelete
Bulk email Service Provider
Bulk email Marketing Service
what are your views about Custom Realtor WebsiteReplyDelete
Superb blog buy powermta license buy smtp serverReplyDelete
this is best smtp service provider andReplyDelete
smtp server for email marketing