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Writ petition – legal weapon of a common man against government

Writ petition – legal weapon of a common man against government

Government

A group that exercises sovereign authority over a nation, state, society or other bodies of people. Governments are generally responsible for making and enforcing laws, managing currency, and protecting the populace from external threats, and may have other duties or privileges. Governments also typically set tax rates and may regulate investment practices as well.

A government is responsible to provide the facility of education, electricity, water supply, providing the land for build the home, transport services like state roadways, medicine for health purpose, providing the food to poor people and all for this, the government made the different-different institution like a hospital, govt. school and college, electricity board, ration depot, etc. In other words, all those services are the basic needs of the people and the government have to provide all these things to the people is mandatory.

In this no doubt, people are directly or indirectly depending upon the government and when a group of the people not satisfied by the working of the government or any policy, then people raise their voice against the government by the mode of strike and Band (Chaka Jaam). A strike is one of the best weapons of the employee against the government used in the name of the union of the employee for example strike of the doctors, and if common people will feel aggrieved by any decision, policy their weapon is band, means traffic block, shop closed all over the state, etc.

But when the strength of people is very less who are affected by the decision of the government and their fundamentals rights infringed. Then what they can do and how to raise their voice against govt.?  The answer is WRIT. By way of filling a writ petition against the govt.

WRIT

We might think that how our fundamental rights are protected and what are the safeguarding measures granted by our constitution for the proper enforcement of fundamental rights. Here comes the importance of writs. Article 13 clearly states that laws inconsistent with or in derogation of the fundamental rights are void. The Supreme Court (Under Article 32) and The High Courts(Under Article 226) are empowered to issue writs for the enforcement of fundamental rights against any authority.

It is an order issued by a court requiring that something is done or giving authority to do a specified act. Here the court is (High Court or Supreme Court)

Article 12 has defined “State” to include the Government and Parliament of India, and the government and legislature of the states and all local or other authorities within the territory of India or under the control of the government of India. The expression “other authorities” has been interpreted to cover citizens, business, and organizations and therefore such organizations also are amenable to the writ jurisdiction of the courts.

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