Constitutional Remedies in India: Articles 32 & 226 Guide

Indeed, this Court is appreciative of the fact that the fundamental rights application of the petitioners invokes a specific constitutional right leading to a constitutional remedy which is guaranteed by the constitutional jurisdiction vested in the Supreme Court. ... - Constitutional right guaranteed under the Constitution and Election Petition. ... Her argument was therefore that the only necessary remedy which could be invoked by the petitioners was in terms of Section 92 of ....

2024 Supreme(US)(scotus) 15052

We can- not remedy an old constitutional problem by creating a new one, so due process and other constitutional protections un- doubtedly will limit the possible remedies in many cases. See Barr, 591 U. S., at 633. Here, though, due process does not mandate any particular remedy. ... Having found a constitutional wrong, we then faced the question of how to remedy it. We acknowledged three op- tions: (1) refund fees for those charged more in U. S. ... Thus, the key ques- tion in determi....

2024 Supreme(US)(ca2) 120

In any event, even if we assume arguendo that this case presents a “meaningfully different” Bivens context, we are supplied with no “special factors” counseling against the availability of Bivens remedy for the constitutional violation that Edwards alleges. ... The existence of the Federal Tort Claims Act, which imposes liability against the United States and not against individual officers – is clearly not an “alternative remedial scheme” for a constitutional remedy that is centered entirely individual officer deter....

2023 Supreme(US)(ca11) 158

Accordingly, we hold that the appropriate remedy in this case for the constitutional violation identified in Siegel is the refunds that the Debtors in this case seek. ... Indeed, as noted, Congress in the 2020 Act was aware of the constitutional violations and did choose the remedy of extending the burden (the increased fee) to the BA districts. ... Trustee argues that the appropriate remedy in this case is a prospective-only remedy....

2023 Supreme(US)(ca11) 159

Accordingly, we hold that the appropriate remedy in this case for the constitutional violation identified in Siegel is the refunds that the Debtors in this case seek. ... Indeed, as noted, Congress in the 2020 Act was aware of the constitutional violations and did choose the remedy of extending the burden (the increased fee) to the BA districts. ... Trustee argues that the appropriate remedy in this case is a prospective-only remedy....

2023 Supreme(US)(ca7) 255

Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Supreme Court recognized an implied damages remedy against federal officers for certain constitutional violations. ... The Court explained that a Bivens claim may present a new context “even if it is based on the same constitutional provision as a claim in a case in which a damages remedy was previously recognized.” Id. at 743. ... In Abbasi a damages remedy like the one recognized in Carlson might not be appropriate becau....

2023 Supreme(US)(ca7) 23

Bivens offers an effective remedy where federal agents violate clearly established constitutional law. It’s not a perfect remedy, nor is it the only deterrent against abuse of power and authority by federal agents. ... The Supreme Court’s recent decisions may well aim toward dismantling the Bivens remedy entirely. Its reasoning makes clear, however, that Congress may act to provide a damages remedy for people who are injured by fed- eral officers that commit constitutional violations. ....

2023 Supreme(US)(ca7) 24

Bivens offers an effective remedy where federal agents violate clearly established constitutional law. It’s not a perfect remedy, nor is it the only deterrent against abuse of power and authority by federal agents. ... The Supreme Court’s recent decisions may well aim toward dismantling the Bivens remedy entirely. Its reasoning makes clear, however, that Congress may act to provide a damages remedy for people who are injured by fed- eral officers that commit constitutional violations. ....

2023 Supreme(US)(ca7) 25

Bivens offers an effective remedy where federal agents violate clearly established constitutional law. It’s not a perfect remedy, nor is it the only deterrent against abuse of power and authority by federal agents. ... The Supreme Court’s recent decisions may well aim toward dismantling the Bivens remedy entirely. Its reasoning makes clear, however, that Congress may act to provide a damages remedy for people who are injured by fed- eral officers that commit constitutional violations. ....

2023 Supreme(US)(ca7) 26

Bivens offers an effective remedy where federal agents violate clearly established constitutional law. It’s not a perfect remedy, nor is it the only deterrent against abuse of power and authority by federal agents. ... The Supreme Court’s recent decisions may well aim toward dismantling the Bivens remedy entirely. Its reasoning makes clear, however, that Congress may act to provide a damages remedy for people who are injured by fed- eral officers that commit constitutional violations. ....

2022 0 Supreme(Mad) 1637

High Court can go to any extent to provide complete justice to the citizen of our great Nation. Constitutional remedy is the administrative correctional jurisdiction. Whenever a correction is required, prayer needs to be moulded in the interest of justice.

Madras

The jurisdiction exercised by this Court under Article 136 is an extraordinary jurisdiction which empowers this Court to grant leave to appeal from any judgment, decree or determination in any cause or matter passed or made by any court or tribunal. The equitable principle of estoppel thus cannot act inequitably against tenant. It cannot be taken away by legislation much less by invoking principle of election or estoppel. 5. Remedy under Article 136 is a constitutional right.

2015 0 Supreme(Ker) 674

Power under Article 227 of the Constitution involves a duty on the High Court to keep the inferior Courts and Tribunals within the bounds of their authority and to see that they do what their duty requires and that they do it in a legal manner (see Banerjee v. P.R. Mukharjee (AIR 1953 SC 58)). Indisputable is the legal position that the High Court gets jurisdiction to interfere under Article 227 of the Constitution where the inferior Court or Tribunal has passed a clearly illegal order or done a clearly illegal act. It is well settled that a proceeding under Article 227 of the Constitution i....

2009 0 Supreme(All) 3505

It is a constitutional remedy not as a matter of right. In M/s Prestige Lights Ltd. v. State Bank of India, JT 2007 (10) SC 218, the Apex Court has held that a prerogative remedy is not a matter of course. Discretion has been conferred on a court to refuse a writ even if the impugned order is illegal. The High Court has power to refuse the writ if it is satisfied that there was no failure of justice.

2009 0 Supreme(Mad) 3801

Statutory remedy vis-a-vis constitutional remedy :- "13. The jurisdiction under Article 227 of the Constitution may be restrictive in the sense that it is to be invoked only to correct errors of jurisdiction. But when a court asks itself a wrong question or approaches the question in an improper manner, even if it comes to a finding of fact, the said finding of fact cannot be said to be one rendered with jurisdiction and it will still be amenable to correction at the hands of the High Court under Article 227 of the Constitution. 49. In Kishore Kumar Khaitan v. Praveen Kumar....