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Challenging the Law violating fundamental rights

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 !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

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