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Unit 4 Public Law Review 4.1 Meaning and Modes of Public Law Review 4.2 Writ Jurisdiction Private Law Review 4.3 Meaning and importance 4.3.1 Modes of Private Law Review: Suit for Damages, Declaratory action, Injunction
Unit 4: Public and Private Law Review4.1 Meaning and Modes of Public Law ReviewIntroduction & DefinitionPublic Law Review refers to the power of the Constitutional Courts (Supreme Court and High Courts) to review the actions of the Legislative and Executive branches. It is the primary check on administrative power. Modes: The primary mode of Public Law Review in India is Writ Jurisdiction under Articles 32 and 226. +1 Statutory Provisions
Essential Ingredients
4.2 Writ Jurisdiction (The 5 Writs)The Constitution empowers the Supreme Court and High Courts to issue five specific writs to enforce rights. 1. Habeas Corpus (“To have the body”)
2. Mandamus (“We Command”)
3. Certiorari (“To be certified”)
4. Prohibition (“To forbid”)
5. Quo Warranto (“By what authority?”)
4.3 Private Law Review: Meaning and ImportanceIntroduction & DefinitionPrivate Law Review refers to the remedies available to a citizen against the administration through ordinary Civil Suits. When the State enters into contracts or commits torts (civil wrongs) like negligence, it is treated like any other private individual. The citizen can sue the State for damages or injunctions under the Code of Civil Procedure (CPC) or Specific Relief Act. Importance
4.3.1 Modes of Private Law ReviewA. Suit for Damages (Tortious Liability)
Landmark Case Laws:
B. Declaratory Action (Declaratory Decree)
Landmark Case: Union of India v. Verma (1957) – A dismissed employee sued for a declaration that his dismissal was void. The court granted the declaration, which entitled him to reinstatement. C. Injunction (Stay Order)
Comparison: Public Law Review vs. Private Law Review
Exam-Style ConclusionWhile Public Law Review (Writs) provides a swift remedy against arbitrary state action, Private Law Review (Suits) is essential for claiming monetary compensation for negligence or breach of contract. The modern trend, however, is the “Constitutional Tort,” where courts award compensation even in Writ petitions (Rudul Sah), blending the speed of Public Law with the remedial nature of Private Law.
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