ENVIRONMENTAL LAW

WRIT JURISDICTION UNDER ART. 32 AND 226 OF

INDIAN CONSTITUTION
What is meant by writ jurisdiction
⚫ Writs?
⚫ In the nature of
1. Habeas corpus,
2. Mandamus,
3. Quo Warranto,
4. Certiorari and
5. Prohibition
 Habeas Corpus
⚫ Meaning – ‘to have body’
⚫ In case of illegal detention of person by authorities
 Mandamus
⚫ Meaning- ‘Command’
⚫ When public authority is vested with powers,
wrongfully refuses to exercise it
⚫ When such authority acts in contravention of any law
⚫ Duty is imposed upon authority which is mandatory
and not performed by that authority
 Quo Warranto
⚫ Meaning- ‘Show your authority’
⚫ A person acts in such a way, which, he is not
authorised to do so
 Prohibition
⚫ When judicial or quasi judicial authorities acts under
invalid law/without jurisdiction/excess
jurisdiction/fails to exercise its jurisdiction
⚫ Writ is issued to such authority before proceedings are
complete
⚫ Object is preventive
 Certiorari
⚫ When judicial or quasi judicial authorities acts under
invalid law/without jurisdiction/excess
jurisdiction/fails to exercise its jurisdiction
⚫ Writ is issued after proceeding are completed/decision
is given
⚫ Object is curative
Art. 32 of Indian Constitution
⚫ Supreme Court can issue writs in the nature of Habeas Corpus,
Mandamus, Quo Warranto, Prohibition and Certiorari if fundamental
rights under Part III of the Constitution are violated.
⚫ Jurisdiction-
a. Territorial- Whole of India
b. Rights perspective- Only Fundamental rights
⚫ Can be claimed as a matter of right
Case laws-
1. Rural litigation and Entitlement Kendra v. State of UP
2. M.C. Mehta v. UOI- Shriram Food and Fertilizer case
3. M. C. Mehta v. UOI- Ganga Pollution Case
4. Bangalore Medical Trust v. B. S. Muddappa- (Open Space reserved
for public park)
 Art. 226 of Indian Constitution
⚫ High Court can issue writs in the nature of Habeas Corpus,
Mandamus, Quo Warranto, Prohibition and Certiorari.
⚫ Jurisdiction-
a. Territorial- State
b. Rights’ perspective- Both fundamental rights as well as legal
rights
⚫ Cannot be claimed as a matter of right
Case laws-
1. STO v. Shiv Ratan-
Writs of certiorari and prohibition can be passed when
judicial or quasi judicial authorities acts under invalid
law/without jurisdiction/excess jurisdiction/fails to exercise
its jurisdiction
 Limitations
1. Locus Standi rule
2. Alternative remedy
3. Laches
 ROLE OF PUBLIC INTERST LITIGATION IN
ENVORONMENT PROTECTION
⚫ The court permits Public Interest Litigation or Social
Action Litigation at the instance of “Public Spirited
Citizens” for the enforcement of constitutional
and the legal rights of any person or group of
persons who because of the poverty or socially,
economically or due to disadvantaged position
are unable to approach the court for any kind of
relief.
 Significance of PILs
⚫ PILs are important for regulatory measures as well as
affirmative action by the government and local bodies
for “the protection of the environment”
⚫ community rights and interest associated with the
environment and biological biodiversity are effectively
safeguarded.