Fraternity Yogesh Kumar Saxena , A prominent advocate General Secretary All India Bar Association said here in Supreme Court Campus on 2 nd of June 2009 said that The concept of fraternity was borrowed from the French constitution. Fraternity means a sense of common brotherhood of all Indians. It is the reciprocal affection which inclines man to do unto others as he would that others would do unto him. It is the principle which gives unity and solidarity to social life. It may be difficult to achieve, but without it both liberty and equality will be no deeper than coats of paints. It is necessary to cultivate a feeling of fraternity among the people if India is to survive as a nation. While dealing with the duties of man, Mazzini wrote thus:- “All privilege is violation of equality. All arbitrary rule is violation of liberty. Every act of egotism is a violation of fraternity.” Ambit power and jurisdiction to issue a writ under Article 226 The writ of certiorari lies only to remove and adjudicate upon the validity of judicial Acts and the expression judicial Act may include quasi judicial functions. The same is issued on the ground of want of jurisdiction or excess of jurisdiction or failure to exercise jurisdiction, violation of procedure or disregard of principle of natural justice and error of law apparent on the face of the record. The writ of prohibition is distinct in as much as it is issued of the different stage of proceedings. The person against whom proceedings were taken can move the High Court for binding the interior Court or the tribunal for continuing the proceedings. Thus the prohibition is for arresting the further continuance of the proceedings while the writ of certiorari is a writ for quashing after the authorities have terminated in a final decision. The writ of mandamus is derived from the Latin word “we command” and the same is issued to enforce a legal right to compel the respondent to do the performance of some duty of a public nature created by the provisions of the constitution of a statute or some rule of common law or restrain from doing something contrary to it. A writ of mandamus is thus a writ as a rule which is dependant up on the discretion of the Court to substitute it’s wisdom or discretion for that of the person to whom the judgement in the mates: a question was entrusted by law. The writ of quo-warranto is to prevent a person who has wrongfully usurped an office from continuing in that office and the writ calls upon the under of the office to show to the Court under what authority he holds the office. , Sri Yogesh Kumar Saxena , A prominent advocate General Secretary All India Bar Association said here in Supreme Court Campus on 2 nd of June 2009 said that The writ of habeas corpus has been rightly considered for enforcement to its object of speedy release by judicial decree of a person or persons who is or illegally restrained and thus it is an essentially a procedural writ. The distinction is now clear that while the writ of certiorari may be issued by the High Court requiring that the record of the proceeding which have been terminated in a final decision is some cause or matter pending be fore an inferior cause should be transmitted to the superior Court to be dealt with there while the writ of prohibition is primarily supervisory and the object of that writ is to restrain the court /tribunal from exercising a jurisdiction which is not vested with then and to prevent them from exceeding the units of their jurisdiction. The writ of quo- warrento is issued to have an inquiry as to the legal authority of a person occupying an office while the habeas corpus is a highly privileged writ to enforce Fundamental Rights in the Indian personal liberty. law made void (Article 13) , Sri Yogesh Kumar Saxena , A prominent advocate General Secretary All India Bar Association said here in Supreme Court Campus on 2 nd of June 2009 said that In article 13, the term “law” includes any ordinance, order, bye- law, rule, regulation, notification, custom or usage having in the territory of India the force of law. The term “law in force” includes laws passed or made by a legislature or other competent authority in the territory of India before the commencement of the constitution and not previously repealed, notwithstanding that any such law or any part there of may not be then in operation either at all or in particular areas. Nothing in Article 13 shall apply to any amendment of the constitution made under Article 368. In state of Madras v. V.G. Row AIR 1952 SC 196. Chief justice Patanjali Sastri wrote: “Our constitution contains express provisions for judicial review of legislation as to its conformity with the constitution, unlike in America where the Supreme Court has assumed extensive powers of reviewing legislative Acts under cover of the widely interpreted ‘due process’ clause in the Fifth and Fourteenth Amendments. If then, the courts in this country face up to such important and none too easy task, it is not out of any desire to tilt at legislative authority in a crusader’s spirit, but in discharge of duty plainly laid upon them by the constitution. This is specially true as regards the fundamental rights as to which this court has been assigned the role of sentinel on the qui vive”.
Posted on: Fri, 27 Sep 2013 02:57:19 +0000
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