Weekly Legal Updates February Week 2

What to study in the Indian Constitution- Part II

This blog is in continuance with the last blog. In this blog, the important topics like Writ, High Court,
Emergency Provisions, Election commission, Amendment etc., will be covered.

1. High Court- The first three High Court was set up in India in 1862 at Calcutta, Bombay and Madras.
Article 214-231 deal with the organization, independence, jurisdictions, powers and procedure that is
followed by the High Courts. The Power to issue Writ under Article 226 is wider than that to issue
writ under Article 32 by the Supreme Court. Under Article 226 Writ can be issued in case of violation
of the fundamental rights as well in case of violation of the legal rights. With the setting up of High
Court at Meghalaya, Manipur and Tripura, the total number of High Courts in the country has
increased from 21 to 24.
2. Writs- The Supreme Court and the High Court can issue Writs of habeas corpus, mandamus,
prohibition, certiorari and quo-warranto, under Article 32 and 226 respectively. A remedy under
Article 32 is a fundamental right and hence, Supreme Court may not refuse to exercise the writ
jurisdiction. A remedy under Article 226 is discretionary and High Court may refuse to exercise its
writ jurisdiction.

Habeas Corpus- means ‘to have the body of’. This is remedy that is available to an individual against the
arbitrary detention.

Mandamus- means “We command”. It can be issued to any public body, private individual or body, a
corporation, an inferior court, tribunal to perform their duty, which they have not performed or has refused to
perform.

Prohibition- It is issued by Higher court, restricting lower court from exceeding its jurisdiction. It can be
issued against judicial and quasi-judicial authorities.

Certiorari- It is issued by Higher Court to a lower court, on the ground of excess of jurisdiction or lack of
jurisdiction or in case of error of law.

Quo-Warranto- means why what authority or warrant. It is basically issued to check the legality of a claim
of a person to a public policy.

3. Election Commissions- it is a permanent and independent body ensuring free and fair election in the
country.
Article 324 of the Constitutions provides that “Superintendence, direction and control of elections to
be vested in an Election Commission”. The Election Commission is concerned with the election of
parliament, state legislatures, the office of president and vice-president of India.

The appointment of chief election commissioner and other election commissioners shall be made by
the president. Election Commission is a multi- member body consisting of one chief election
 Weekly Legal Updates February Week 2
commissioner and two other election commissioners. A chief election commissioner cannot be
removed from the office except in the same manner and on same ground as the judge of Supreme
Court.

4. Emergency Provisions- Article 352-360 of Part XVIII of the Constitution deals with the emergency
provisions. When an emergency is imposed the federal structure of the government is transformed
into unitary one. Our constitution discusses about three type of emergency. i.e., National
Emergency(Article 352), State Emergency or constitutional emergency (Article 356), and Financial
emergency (Article 360).
National Emergency means emergency that has been imposed due to war, external aggression or
armed rebellion. It has been imposed three time.

State Emergency is imposed when there is the failure of constitutional mechanism in the state.

Financial Emergency- It can be imposed when there is threat to the financial stability in the country.
Till now, no financial emergency has been imposed.

Except Article 20 and 21, all the fundamental rights remains suspended during national emergency.

5. Amendment- Article 368 deals with the amendment of the constitution. The parliament can amend
the constitution by way of addition, variation or by repealing any provisions of the constitution.
However, the basic structure of the constitution cannot be amended.1
The constitution can be amended in three ways:

a. Amendment by the simple majority of the parliament

b. Amendment by the special majority of the parliament
c. Amendment by the special majority of the parliament and the ratification by half of the state
legislatures.
6. Miscellaneous-
a. Comptroller and Auditor General of India- CAG is the guardian of the public finance of the
union government. CAG act as the custodian and trustee of the public money.
b. Attorney General of India- He is the highest legal officer of the union government and render
legal assistant to it. The post of Attorney General enjoys a constitutional status under Article 76 of
the constitution. The highest legal officer for the state is the advocate general.
c. Finance Commission- It is a constitutional body. The first finance commission was constituted in
1951 under the chairmanship of Mr. K.C.Neogy. The finance commission consist of a chairman
and five other members.
d. Niti Aayog- It has replaced the Planning commission. The chairperson of NITI Aayog is the
Prime Minister of India. The function of NITI Aayog is to evolve a shared vision of national

1
Kesavananda Bharti v. State of Kerala (1973) 4 SCC 225
 Weekly Legal Updates February Week 2
development priorities sectors and strategies with the active involvement of States in the light of
national objectives.

These topics can be used as last minute revision capsules.

Stay tuned for the next blog….

Happy CLATting

Yours truly

Amicus