Nature of grievance:
Article 14: Where the Law makers or the Executive
govts, or the administrative authorities, in the exercise of their discretion
and powers, makes any law or policy or takes any decision, by which, benefits
or privileges are conferred upon a certain class of persons only, to the
exclusion of masses, or, where obligations are imposed upon a certain class of
persons only, and not upon the others; and the said discrimination which is
being practiced has no rational or appreciable logic; or where the procedure
prescribed for enacting the law / policy is not duly followed, Writ jurisdiction of High Court may be invoked challenging
such law / actions being violative of Article 14 of the Constitution of India.
The illustrations are, the arbitrary allotment of lands to certain persons;
grant of licenses without any defined guidelines or parameters, etc.
Nature of grievance:
Article 19: Where the law imposes
unreasonable restrictions in the exercise of invaluable rights by the citizens
of India, more particularly conferred under Article 19 of the Constitution,
i.e. to say, (i) Right to freedom of speech and expression; (ii) Right to
assemble peaceably and without arms; (iii) Right to move freely throughout
India; (iv) Right to form association; (v) Right to reside and settle in any
part of India; (vi) Right to practice any profession or to carry on any trade,
occupation and business. Writ jurisdiction of High Court may be invoked
challenging such law being violative of Article 19 of the Constitution of
India.
Nature of grievance:
Article 21: Under Article 21 analysis, which deals
with the most cherished right, that is personal liberty of people, the
challenge to the law could be both substantive and procedural, that is to say,
it could be contended that (a) Where the
impugned law (substantive law) is vague and uncertain, and the people thus
would have no notice of the “requirements of law”, and people would therefore
be exposed to rigours of the impugned law, and hence the impugned law would
have the tendency to frustrate the personal liberty of the people; and the
vagueness of the impugned law invariably also brings in the element of
whimsical / biased application of law; and (b) the procedure prescribed for the
deprivation of personal liberty is, (i) harsh, burdensome and needless, or is
(ii) rather irrational, or (iii) unfair, or (iv) there is excessive delegation
of powers / there is no legislative guidance for the due exercise of powers, to
those who may exercise their such powers, which may result in the deprivation
of the personal liberty, resulting in definite unpredictability and resultant
bias in the said exercise of powers; and therefore the impugned law,
prescribing the procedure to deprive a person of his treasured personal
liberty, is excessive, unfair and unreasonable, and the impugned law has the
tendency to frustrate the personal liberty of the people cheaply and casually. Writ jurisdiction of High Court may be invoked challenging
such law being violative of Article 21 of the Constitution of India.
Find updated drafts at / and any other Legal issues !!
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