Law Relating to Writs and Public Service Notes | LL.M. (Two Years) Semester 4 | KSLU | munotes

Contents

Unit I

1. Law Relating to Writs and Public Service: What This Paper Covers, and How to Read This Book 1
2. The Right to Constitutional Remedies as the Heart and Soul of the Constitution 6
3. The Map of Remedies 9
4. The Five Writs and Where They Came From 11
5. The Evolution of Writs in India: From the Presidency High Courts to Articles 32 and 226 14
6. The Nature of Writs in England: Prerogative Writs and Judicial Writs 20
7. The Five Writs in English Law Today, Compared with India 25
8. The Writ of Habeas Corpus 30
9. Habeas Corpus in Practice: Preventive Detention and ADM Jabalpur 33
10. The Writ of Mandamus 36
11. Mandamus: Who May Ask, Against Whom, and What Bars It 39
12. The Writ of Certiorari 42
13. The Writ of Prohibition, and How It Differs from Certiorari 45
14. The Writ of Quo Warranto 48
15. Obsolete Writs 51

Unit II

1. The Writ Remedy Is Discretionary, Not a Matter of Right 56
2. Locus Standi: Who May Ask the Court to Review 58
3. The State under Article 12, and Who Can Be Sued in a Writ 61
4. Writs Against Other Authorities and Private Bodies: "Any Person or Authority" in Article 226 65
5. Public Interest Litigation and Judicial Review 70
6. How Public Interest Litigation Actually Works 73
7. The Abuse of Public Interest Litigation 76
8. Alternative Remedies 79
9. Territorial Jurisdiction: Article 226(2) and Where the Cause of Action Arises 82
10. Laches and Delay, which KSLU Prints as Latches 85
11. Res Judicata in Writ Jurisdiction 88
12. Constructive Res Judicata and Successive Petitions 91
13. The Petitioner's Own Conduct 94
14. Impleading the Proper Parties to a Writ Petition 97
15. Dismissal in Limine, and the Rule That a Petition Is Not Dismissed Without a Speaking Order 102
16. Raising a New Plea in Writ Proceedings 108
17. Relief and Prayers in a Writ Petition 113
18. The Review Petition in Writ Proceedings 119

Unit III

1. Article 32: The Supreme Court's Writ Jurisdiction 124
2. When Article 32 Is Available, and When It Is Not 127
3. Articles 226 and 227: The High Court's Jurisdiction 131
4. Article 226 Compared with Article 32 134
5. Article 227: The Power of Superintendence 137
6. "For Any Other Purpose": The Reach of Article 226 140
7. Grounds and Procedure for Filing Each of the Five Writs 144
8. Jurisdictional Error and the Collateral Fact Doctrine 149
9. Error of Law Apparent on the Face of the Record 152
10. The Writ Remedy in Practice: How a Petition Is Actually Brought 155
11. What a Writ Petition Must Contain 158
12. The Supreme Court Rules 2013 on Writ Petitions: Order XXXVIII 166
13. A Writ Petition Under Article 32 172
14. The Writ Proceedings Rules 1977 of the High Court of Karnataka 185
15. How Far the Code of Civil Procedure Applies to Writ Proceedings 192
16. A Writ Petition Under Article 226 196
17. Disputed Questions of Fact 211
18. Evidence in Writ Proceedings: Affidavits, Documents and the Burden of Proof 214

Unit IV

1. The Services Under the Union and a State 219
2. The Doctrine of Pleasure and Its Limitations 224
3. The Protection of Article 311 229
4. Natural Justice in Service Cases: Article 311 235
5. The Rights of Civil Servants 238
6. The Domestic Inquiry: From the Charge to the Hearing 243
7. The Inquiry Report, the Findings and the Standard of Proof 249
8. Compassionate Appointments 254
9. Voluntary Retirement 258
10. Compulsory Retirement 262

Unit V

1. Departmental Remedies and the Representation 267
2. The Penalties Under the CCA Rules 271
3. The Procedure for Imposing Penalties 275
4. Appeals Under the CCA Rules 280
5. Revision and Review Under the CCA Rules 284
6. Administrative Tribunals: Articles 323A and 323B 288
7. The Administrative Tribunals Act 1985 in Working Order 291
8. Tribunals, Article 323A and L. Chandra Kumar 294
9. Ouster Clauses in India: Article 323A(2)(d), Kihoto and L. Chandra Kumar 297
10. Judicial Review of Service Matters 300
11. The Limited Judicial Review of Disciplinary Proceedings 304