, 28, brings a track record of production and winning to . It's been roughly two months since Browns quarterback Tyrod was traded to and even less since he's been able to workout with his new teammates. It's been roughly two months since Browns quarterback Tyrod was traded to and even less since he's been able to workout with his new teammates. goal is to eventually be No. , 28, brings Wholesale MLB Jerseys a track record of production and winning to . The latter of http://www.officialauthenticshoppanthers.com/WOMENS_YOUTH_MARQUIS_HAYNES_JERSEY.html those dynamics showed when asked if he agreed with his ranking the NFL's Top 100 Players list. , 28, brings a track record of production and winning to . far, though, the dynamic veteran signal-caller has already earned the respect of his peers, both and old. 1, Landry said with a wide smile.
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Essay in Journal of Architecture Vol. 1, No. 2, 2012 (India).
After more than 300 years of British colonization, the inclusive and contradictory India was no longer capable of holding herself together. At independence in 1947, India split into two, and subsequently three, independent nations.
Thus the capital of Punjab, Lahore, came to be located in Pakistan, while the Indian part of Punjab came to lack a capital. The first Indian Prime Minister, Jawaharlal Nehru, therefore decided to build a new one.
He commissioned the American architect, Albert Mayer, who was already involved in several other projects in India, and the younger Polish-born Matthew Nowicki, to make a master plan. But before they had finished, Nowicki was killed in a plane crash and Mayer withdrew from the project.
There was, however, already someone who was ready to take over.
Nehru dreamed of a modern and socially just India, and who would better be able to plan a city that would realize his dream than the "father" of modernism, Le Corbusier, who also shared Nehru's socialist sympathies?
But while Mayer and Nowicki's plan shared many similarities with the plans for the new American suburbs, Le Corbusier's "modernist" and "socialist" plan, ironically enough, resembles that of a traditional Chinese imperial city (even if it has been rotated 45 degrees).
I came to Chandigarh in October 2010 with the intention of staying for a few days but I ended up staying for half a year, among other reasons, to work on a new plan for the city.
It was my Indian friend, Sarvdeep, who had arranged for me to come to Chandigarh. We had met each other in Shanghai, where I had hired Sarvdeep as an intern. He was enrolled at Shanghai's Tongji University, as an exchange student from a German school of architecture. Before that, he had been working with a large architectural firm in San Francisco as an intern.
Sarvdeep is among the millions of young Indians who are seizing the opportunities offered to them by globalization to improve their own and their country's future.
Before he went abroad, Sarvdeep had studied at Chandigarh College of Architecture and when he heard that I was planning a trip to India, he contacted the principal at his old school, Prof. Pradeep Bhagat. Shortly after that, I received an official invitation to give the annual "Le Corbusier Memorial Lecture".
This lecture is held every year in October as part of the celebration of Le Corbusier's birthday in Chandigarh. It is an honor to give this lecture. The following year, it was given by Pritzker Prize laureate, Eduardo Souto de Moura.
The guest of honor at my lecture was an Indian prince who had previously been a minister in another state. At the inauguration ceremony where he and other ministers were sworn into office, he told me, there had been a man that he had mistaken for a servant, who proved to be another newly appointed minister. According to the prince, this man could not even write his own name.
I was not quite sure what I was expected to say so I chose to express my admiration for a country that is not only ruled by the highest (the prince), but also by the lowest (the "servant").
The prince looked confused. This was certainly not what he had meant to communicate to me. On the contrary, he had wanted to explain how hopeless the political system in India is. But I thought that it might not be so stupid to give influence to those less fortunate, since they still constitute the vast majority of the population.
Then I came to think of my colleagues and myself. As architects, we also belong to an elite. As such, we are interested in the unique and the perfect. But that's not what most people need.
It may very well be that Nehru had envisioned Chandigarh as a model for the development of the rest of India but it is not a city for the common man. It was primarily planned for the elite who belonged to the institutions that were previously located in Lahore.
In Chandigarh, these institutions were placed together in a complex, called Capitol, north of the city. Here, Le Corbusier designed three monumental buildings for the Government, the High Court and the Administration. To the north, the Shivalik Mountains form a scenic backdrop and to the east, an artificial lake was constructed.
Le Corbusier wanted a fourth building at the Capitol: the Governor's Palace. But here, Nehru said stop. The Governor (later named the Administrator) is the highest-ranking person in the state but he is not elected by the people. In this respect, he is a bit like a Chinese emperor.
In the Chinese imperial city, there was a clearly defined social hierarchy that was reflected in a stringent urban layout of orthogonal streets and square urban districts. At the extreme north was the Emperor's palace, which was actually a completely autonomous city. Behind it lay the mountains and immediately to the south were the public institutions and the grand residences of the high-ranking officials. Farther south, people were poorer and lived closer together. The poorest lived outside the city.
Chandigarh has the same almost quadratic shape as Chang'an and has a similar grid structure. It is not surrounded by a city wall, however, but many of the urban districts, which are here called "sectors", are actually surrounded by walls. The elite live in large houses with large gardens in the northern sectors, and farther south, people are generally poorer and are generally living closer together.
The poorest live in slum settlements, resettlement colonies and villages outside the planned city. They work for the residents of the planned city but there is no room for them to live inside the planned city.
Call centers and high tech industries had not been thought of either so they also have to find their places in the periphery: a periphery that Le Corbusier had envisioned as a broad belt of forest and agriculture, which should prevent the city from spreading!
There was even a limit set on the number of inhabitants, i.e. 700,000. Today, there are nearly twice as many, including the inhabitants of the periphery, and during the next twenty years, this number is expected to double again.
This kind of rapid urban growth can be observed in many other regions around the world but Chandigarh sets itself apart, not only by its attempts to resist growth, but also by refusing to generate any surplus. It is one of the richest cities in India, but its economy is largely based on the public institutions, which are being paid for by the states of Punjab and Haryana. In addition, the city is being subsidized by the State of India.
Apart from presenting the lecture, I had also been invited to arrange a three-day workshop at Chandigarh College of Architecture. It was Le Corbusier himself who had insisted on establishing a school of architecture so that the ideas and experiences from the Chandigarh-experiment could be passed on to future generations of architects. But I soon realized that Le Corbusier's ideas about "the new" had come to overshadow what is indeed new.
Development did not happen in the planned city but rather in the wild chaos that surrounds it. On the Internet, I found a picture to illustrate this. It showed a herd of cows grazing among the ultra-modern office buildings of a global telecom company.
I decided that the workshop should be about this: the clash between the global and the local. Here, where the picture had been taken, there had been a forest, where the children from the nearby resettlement colony used to play. Now the whole forest had been cleared to make way for a technology park where well-educated young Indians could work. Next to them, in temporary barracks on an empty building site, lived the migrant workers who were working on the construction of the new office buildings. Opposite, on the other side of a railway track, lived the former slum dwellers in the resettlement colony, and next to them, the current slum dwellers.
None of these four groups seemed to have anything to do with each other. The task of the students, therefore, would be to enable and encourage them to meet – because if we don't know and understand each other, how can we be expected to take care of and feel responsible for each other?
So we went there to talk to them – more than a hundred students and teachers from the school.
The IT workers were friendly and joyful but they were constantly glancing at their watches. Everything, including time, had been planned for them: where and when to work, eat, socialize and exercise. And as if to make a point of this, barbed wire had been rolled out on top of the walls surrounding each building, surveillance cameras had been installed at each corner and guards had been posted at the entrances.
The slum dwellers were also friendly and joyful, even though their lives were more based on chance, as could be seen in how they created their dwellings out of disparate and fragmented elements. But they, too, were trapped in a certain order, so tellingly illustrated by the women sitting in a huge pile of plastic waste who were busy assorting plastic bottles and plastic bags.
At the school, they seemed excited to have someone from the outside taking a fresh look at things. So they asked me if I wanted to stay. And I did.
Until then, I had been staying in the city's official guesthouse but now the Indian president came to visit, so I had to move into the boys' dormitory. Later, I rented the top floor of a house from Mr. Malhotra, an elderly gentleman who lived a very simple life and whose company I greatly enjoyed. In the midst of busy people honking aggressively at each other in the traffic – and shouting and gesticulating – Mr. Malhotra seemed to have found a peace that no one could pull him out of.
One day I visited M.N. Sharma – a member of Le Corbusier's original team. He had been the first Indian chief architect of Chandigarh and he told me that he had a good friend in Denmark whom he had often visited. It turned out to be the architect – and Le Corbusier expert – Mogens Krustrup, who lived in the same village that I grew up in. Furthermore, it turned out that one of M.N. Sharma's close childhood friends from Lahore was none other than Mr. Malhotra, with whom I was currently staying!
Through the school of architecture, I came in touch with the current chief architect of Chandigarh, Sumit Kaur. And, together with my students, I began to work on various projects for the city's new master plan, for which she was responsible – this was the first such plan since Le Corbusier's!
For three days, Sumit Kaur, her assistant and I drove around town in her little official car with a flashing red light on the roof. One of the places we visited was Burail – the only original village that has survived inside Le Corbusier's planned city. The narrow and shady pedestrian streets were full of life and activity, but Sumit noted, with great concern, the numerous violations of various rules and regulations. However, she later said it might be better to preserve the village. Preserve it? Had she otherwise planned to bulldoze it?
The broad, straight roads were no less crowded. In Chandigarh, there are more motor vehicles per capita than there are in Denmark, which is unusual, not only because India is a "developing" country but also because there are usually fewer cars per capita in a given city than there are in a given country.
The public transportation system is lousy and there is no reason to think that it will improve much – not even with large investments. Because the solution that is currently being discussed is to establish a metro system, which doesn't seem to make much sense in a city with no points of densification. With relatively simple means, it ought to be possible to achieve significant improvements, either by upgrading the existing system of buses or by establishing a new system of trams. But the advantage of the metro is precisely that it is both extremely expensive and complicated to construct, thus providing multiple opportunities for kickbacks. It is apparently of less importance that only very few people would benefit from this solution.
At my office in Shanghai, we had once made a project called "Green Streets of Shanghai". The idea of that project was to expand the existing network of elevated highways so that all traffic could be removed from the streets on the ground level, which could then be transformed into green areas. I had initially thought that this was an original idea but now I realized that something similar had been proposed by Aditya Prakash in Chandigarh many years before.
Aditya Prakash, who was also a member of Le Corbusier's original team, was the first principal of Chandigarh College of Architecture and was the only person who had dared to criticize Le Corbusier's ideas. Prakash had proposed raising all the roads between the sectors above ground level. As with the metro, I don't think it makes economic sense in a relatively low-density city like Chandigarh but Prakash was nurturing many other interesting ideas and it's a shame that no one was listening to what he was saying. He died a couple of years ago, at the age of 85, during a tour of India with his theater troupe!
Somewhere, Prakash had mentioned that, as kids, he and his cronies sometimes slept outside in the streets. Following this thought, we proposed to make one of the sectors completely car free, as an experiment. Each sector has four entrance points and by providing car-parking facilities at each of these, the maximum walking distance from home to car would be no more than 300 meters.
Electric rickshaws running on solar power could provide for local transport within this sector and most of the asphalt, which contributes significantly to the overheating of the city, could be removed.
In return for having to make a short walk to and from the car, children would be able to run around freely outside, air quality would be improved and noise pollution reduced, the city would be cooler and its impact on the climate would be restricted.
This was not what the master plan committee wanted!
But recently, the High Court ordered the authorities to make one of the sectors car-free, as an experiment!
I also worked with a local NGO on a proposal to create vertical kitchen gardens for the slum dwellers that are being resettled in endless rows of four-storey apartment blocks outside the planned city. Here, agriculture has virtually disappeared and these people are particularly vulnerable to the fluctuating food prices and dependent on the government's central food stocks.
It's not just agriculture that has disappeared from the periphery of Chandigarh. It is also the forest. The planned city is, however, a good example of how to integrate forest in the city – although this was not entirely planned. It is an active branch of the administration that has ensured that about one-third of the city's surface area is now covered with trees (most of them in the affluent northern part of the city) and along with the chief architect, we worked on a proposal to increase this to 50 percent. Imagine a city that is half forest!
A somewhat similar idea appeared in another project I worked on for Kamal Meattle, a "green" developer in Delhi, albeit in a different shape and on a different scale. Mr. Meattle wanted to build the world's most energy-efficient large office complex. He had lost nearly half his lung capacity due to the air pollution of Delhi and the doctors had warned him that he would die if he did not move somewhere else. But instead of moving away, he adapted, instead, an invention to purify and produce clean air with the use of plants, which was originally developed by NASA for possible future extra-terrestrial life, to the contemporary context of Delhi. Together with Sarvdeep, I then made a proposal for the interior design of Mr. Meattle's office building using plants as removable "walls".
In Chandigarh, I also worked on an idea to convert the Capitol complex into a "Le Corbusier World Culture Center" in order to stimulate tourism – and the local economy. Here are some of modernism's most famous buildings, but nobody – other than the people who are working there and the people who have some kind of business there – ever sees them anymore. They are no longer suited for their original purposes and their secluded location only further insulates the city's rulers from the city.
But the people in power are not interested in changes.
I discussed this issue of change versus preservation on one of my last days in Chandigarh, at a two-hour public debate with the American professor, John Bass, and Indian Minister, Pawan Bansal.
Bansal said that the Chandigarh-experiment had failed. After half a year in town, I tended to agree but I was surprised to see that a minister who was living there himself and who was standing in front of a large audience of potential voters from the city would openly admit this.
It seemed as though he actually wanted change. Unfortunately, the people who don't want change have an even greater authority on their side: Le Corbusier has been elevated to a kind of god and his words have become law. He laid down those laws in what is called the "Edict of Chandigarh", the object of which "is to enlighten the present and future citizens of Chandigarh about the basic concepts of planning of the city so that they become its guardians and save it from the whims of individuals".
The Edict says, for instance, that no personal monuments (statues) may be erected in the city. On the other hand, it can also be said that the whole city has become a personal monument to Le Corbusier.
He wanted to change the world but he didn't want anyone to change what he had created.
Hi, I live in Chandigarh. I enjoyed reading the article and discovered few facts that I was previopusly unaware of. The slum area you showed was flattened and the slum dwellers were moved to the housing project shown in the last picture of your article. I haven't heard any news about the car-free sector experiment, perhaps you can share the status on that, if you were alerted? I totally agree with you on the point of public transportation and also that metro isn't needed, yet; and that with improvement in existing transportation system, problem can easily be tackled. Thanks for the article.
Cities grow when perceived with compassion for people, but take a retrograde path way when natural resources, its people and its rhythms are suppressed. Not for nothing is it worthwhile to understand why certain civilizations have been lost because there was a lack of understanding of the ABUNDANCE in their own civilizations by their own rulers. This article portrays the authenticity of the Architect, who has felt and observed much through his itinerary in Chandigarh. I was reminded of "Sophie's World" when I read it.


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The Unregistered Community Design – the importance of clear pictures at product launches
Design protection in the EU
Sole right to the design of a product may be protected in the EU in three ways: (i) a national design registration, (ii) a registered Community Design (RCD), or (iii) an unregistered protection for three years from the disclosure in the EU. This presumes that the design fulfils the substantial requirements, namely that it is new and differs sufficiently from earlier known or registered design.
The unregistered Community Design (UCD) was introduced in 2002 with the Community Design Regulation, as a complement to hinder copying of designs during a short period of time. One had in mind industries with shorter periods of time between new collections or products, or where the number of designed products or product parts would lead to unreasonable costs to register each individual design. The UCD however only refers to copies. In Sweden, for example, the design of kitchen tools and mobile cases has been afforded protection as UCD and copies have been stopped.
Design protection for parts of a product or component parts of complex products
In a complex product which consists of several component parts, the design of the entire product or the individual component parts or a combination may have a sole right provided that the entire design or the individual component parts differ sufficiently from earlier known designs and is visible under normal use of the complex product. In the vehicle industry it is common to protect the design of individual component parts, as hub caps and spoilers. There are about 28 000 RCD within the category part and component parts to vehicles.
The Court of Justice decision in a case about design of Ferrari car
The design of spoilers was the subject of a case in the Court of Justice of the EU (CJEU) last year, case C-123/20 Ferrari SpA vs Mansory Design Holding GmbH, ruling of October 28, 2021. Ferrari claims in an infringement case in Germany that Mansory has copied their UCD to various parts such as the spoiler of one of their car models FXX K.
Ferrari launched this model through a press release in 2014 with two photographs of the car from two different angles. The German court considered that Ferrari cannot claim protection for individual parts, as the spoiler, as the picture in the press release was for the entire car, not individual parts. Ferrari appealed and the German court sent two questions to the CJEU. The first question is whether a publication of the entire product may also arise UCD protection for individual parts of that product. If yes, what legal criteria are to be considered when assessing the individual character of a component part of a complex product "…when determining the overall impression of a component part which – as in the case of a part of a vehicle's bodywork, for example – is to be incorporated into a complex product? In particular, can the criterion be whether the appearance of the component part, as viewed by an informed user, is not completely lost in the appearance of the complex product, but rather displays a certain autonomy and consistency of form such that it is possible to identify an aesthetic overall impression which is independent of the overall form?"
The CJEU states as an answer to the first question, that the disclosure of a product may include disclosure of a part of the product, provided that you may clearly identify the appearance of this part. There is no requisite, as the German court considered, to disclose each individual part as such. The court refers here both to part of a product, as the handle of a mug, and component part of a complex product, as wheels of a car.
On the second question the court states that to be able to assess the individual character it is "…necessary that the part or component part in question constitute a visible section of the product or complex product, clearly defined by particular lines, contours, colours, shapes or texture."
Summary and recommendations
To be able to claim UCD you must show that it has been disclosed within the EU, that this has occurred under such circumstances that one may reasonably presume that it has become known within the relevant sector, in this case the car industry, in the EU and when this occurred. It is thus important to save documentation about product launches, how and when these occurred. Only a picture and text on a web site is likely not sufficient unless there is supportive evidence on the time of the uploading of this.
Moreover, the CJEU ruling in the Ferrari case puts a demand on the pictures when a product is launched, that there are clear pictures from different angles, so that the part or component part that one considers new and in possession of individual character, is clearly visible and distinctive from the entire design. Here one might need to work with different colours, markings, or other ways to make it possible for the viewer to see the appearance of this particular part. If this is not possible, one should also publish pictures of the individual part.
Text: Astrid Johnsson
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Article 32: The Soul of the Constitution of India
March 12, 2021 by The Legal State
The Soul of the Constitution of India: Article 32
What is Article 32?
What is a Writ Petition?
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This article is written by Vikranta Pradeep Barsay student of National Law University and Judicial Academy, Assam. In this article he explained article 32 of the constitution of India.
The constitution of any country serves a three-fold purpose:
The constitution breaks a country's citizens from their past[1] (political independence from not only the socio-economic and intellectual control but also political and moral vision of the preceding government[2] (ex: totalitarian, dictatorial, monarchical, authoritarian, etcetera)) while outlining a future roadmap for the said citizens.
The constitution establishes a certain form of government, wherein the division of power and authority between the primary organs of the country is clearly delineated and defined within the constitution.[3] For instance, the Constitution of India establishes a quasi-federal, parliamentary form of government, wherein it demarcates the authority of the Legislative, the Executive and the Judiciary. The Doctrine of Separation of Powers or Trias Politica was first coined by French philosopher, named, Charles-Louis de Secondat, baron de La Brède et de Montesquieu in 1785 in his book 'Esprit des Lois.'[4]
The doctrine buttresses the independence of each organ of the government machinery within its respective sphere or jurisdiction, wherein the Legislative (inclusive of the Central Parliamentary bodies of the Lok Sabha and the Rajya Sabha along with the State Legislative Assemblies), the Executive (inclusive of the President along with the individual State Governors) and the Judiciary (inclusive of the Supreme Court of India along with the individual High Courts and their subsequent Subordinate Courts) exist within their respective constitutional limits.[5]
It is worth noting that Article 50 of the Constitution of India mandates the 'State' (as defined in Article 12 of the Constitution of India) to separate the Executive from the Judiciary. The provisions under Article 122 and Article 212 prohibit any court of law to question the validity of any proceeding within the Parliament and the State Legislative Assembly respectively; similarly, Article 121 and Article 211 bar the Parliament and the State Legislative Assembly from discussing the conduct of any Judge from either the Supreme Court of India or the High Court.
Article 361 of the Constitution of India acquits the President of India and the Governor of any state from any liability that arises from the exercise and performance of their constitutional powers. Although the Constitution of India does not explicitly specify the Doctrine of Separation of Powers in any article, the aforementioned provisions champion the idea of independence between the three organs of the government.
Dr Durga Das Basu held two propositions within the Constitution of India: a) No organ of the government should exercise any power or authority that properly belongs to either of the remaining organs of the government and, b) The Legislative should never delegate its powers.[6]
The third purpose of the Constitution of any country is to protect the present and the future of its citizens.[7] The Constitution confers upon its citizens some Fundamental Rights that are immutable in nature. The world's oldest written constitution (the United States of America) was drafted between May 25, 1787, and September 17, 1787, wherein the thirty-nine delegates (including the thirty-four delegates of the Continental and Confederation Congress) of the Federal Constitutional Convention, Philadelphia became the subsequent signatories of the constitution, which included Benjamin Franklin, Jonathan Dayton, George Washington, etcetera.[8]
Read: The Genesis and the Proliferation of Public Interest Litigation in India
Although the framers of the aforementioned constitution had neither the experience nor the reference while drafting the constitution, it was the foresight of the Founding Fathers to limit the powers of the newly institutionalized federal government while protecting the fundamental rights and freedoms of its citizens, residents and foreign visitors.[9] The Bill of Rights was enforced on December 15, 1791, wherein Speech, Religion, Possession of Arms, Assembly including the Protection against Double Jeopardy, Self-Incrimination, Deprivation of Life & Liberty without the due process of the law were held as Fundamental Rights.[10] Similarly, Part III of the Constitution of India borrows heavily from the Bill of Rights, wherein six major Fundamental Rights have been conferred upon the citizens of India:[11]
a) Right to Equality (Article 14 to Article 18).
b) Right to Freedom (Article 19) along with Rights of Criminal Convicts (Article 20), Right to Protection against Arbitrary Arrests and Detention (Article 22) and, Right to Protection of Life and Personal Liberty (Article 21).
c) Rights against Exploitation: Barring Children (below the age of 14 years) from participating in any Hazardous Profession (Article 24) along with Barring any Human Trafficking/ Forced Bonded Labour that violates Human Dignity (Article 23).
d) Right to Religion and Faith (Article 25 to Article 28).
e) Right to Protection of the Religious, Cultural and Educational interests of the Minority Communities (Article 29 and Article 30).
f) Right to Constitutional Remedies (Article 32 to Article 35).
It is worth noting that the Fundamental Rights plead for an all-round, intellectual and moral, development of all citizens of India, Additionally, the Fundamental Rights are protected against any infringement by either the political government or an individual; this proscribes the chrysalis of any authoritarian/ totalitarian government while championing the Rule of the Law (Constitution of India).[12]
It is worth understanding that India's freedom struggle ensued not only against the imperialistic and repressive British Raj but also against internal socio-cultural ills like caste-based discrimination and gender-based extirpation.[13] Fundamental Rights turned out to be a quantifiable privilege of Equality, Liberty and Fraternity, which was seldom given to Indians in the pre-Independence era.[14]
Dr B. R. Ambedkar in his last speech to the Constituent Assembly on November 25, 1949, said that Liberty, Equality and Fraternity form the trinity of social democracy, wherein the elimination of Equality and Fraternity will result in the despotism of power with a few powerful entities, the elimination of Liberty from Equality will thwart individual development and the withdrawal of Fraternity alone will destabilise the natural course of Equality and Liberty.[15] Dr B. R. Ambedkar called for the conformity to the constitutional methods to achieve socio-economic objectives while abandoning the unjustifiable, unconstitutional 'Grammar of Anarchy.'[16]
It can be argued that Part III of the Constitution of India bears out the aforementioned dual fronts of freedom struggle, wherein the social democracy can be maintained if and only if no citizen of the said democracy relinquishes their fundamental liberties and honours at the feet of either a great man or a great institution.[17] In a nutshell, the Fundamental Rights within a constitution creates a blueprint for a citizen's future, wherein the newly formed political structure (social democracy in the case of India) is upheld.[18]
No other article in the Constitution of India yokes the aforementioned three-fold purpose of the constitution as Article 32. Article 32, Sub-Section 1 entitles each citizen of India to move to the Supreme Court of India for the protection and enforcement of the Fundamental Rights within Part III of the Constitution of India, wherein the fundamental liberties cease to have any meaning if it can be deliquesced by the state.[19] Article 32 guarantees a future roadmap where the citizens have the liberty and freedom to decide on their socio-politico-economic development; similarly, the provisions of the article safeguard the trinity of social democracy as emphasized by Dr B. R. Ambedkar.
Read: Kesavananda Bharati v Union of India – Analysis
The extermination of Article 32 from the constitution will jeopardize the guarantee of Liberty, Equality and Fraternity; this will in turn destabilize the foundation of the constitution. In the case of the L Chandra Kumar v. Union of India & Ors. (1997) 3 SCC 261, a seven-judge constitutional bench (Chief Justice A. M. Ahmadi, Justice M. M. Punchi, Justice K. Ramaswamy, Justice S. P Bharucha, Justice S. Saghir Ahmad, Justice K. Venkataswami and Justice K. T. Thomas) declared that the authority of Judicial Review under Article 32 is not only the integral part of the Constitution of India but also the essence of the basic structure of the said constitution.
The aforementioned bench recognized the role of the Judiciary as the interpreter of the Constitution of India, wherein it is the duty of the Judiciary to curb any action of either the Executive or the Legislative within their constitutional limits placed.
The provisions under Article 32 allow the Supreme Court of India to exercise its authority of Judicial Review in three basic formats: a) The Supreme Court acts as an external check to the actions of the other organs of the social democracy, wherein the Supreme Court makes sure that the Legislative and the Executive act within their respective constitutional limits,[20] b) The Supreme Court must review the statutes passed by the Parliament of India and the individual State Legislative Assemblies to check if the statutes conform with the provisions of the constitution (the Supreme Court is empowered to repeal any statutes that violate any provision of the Constitution of India)[21]and, c) The Supreme Court is burdened to protect the Fundamental Rights of the citizens of India against any invasion from the 'State.'[22]
It is worth noting that the provisions under Article 32 cannot be suspended in any situation unless the said situation is provided by the Constitution of India itself; thus, it can be inferred that Supreme Court is entrusted under Article 32 with guarding the Constitution of India while preventing the unconstitutional abuse of authority by the Legislative and the Executive. The importance of Article 32 was accentuated when Dr B. R. Ambedkar called Article 32 the 'Heart' and the 'Soul' of the Constitution of India.[23]
The Supreme Court of India uses the weapons of Writ Petitions to enforce the Fundamental Rights under part III of the Constitution of India.[24] In a nutshell, Writ Petitions balance the aforementioned three-tier purpose of the Constitution of India.
Article 32, Sub-Section 2 of the Constitution of India speaks of five Writs for the enforcement of Fundamental Rights. If a citizen of India feels that their Fundamental Rights are being violated, then the said individual has the constitutional right to move to the Supreme Court of India under Article 32 for the restoration and enforcement of the Fundamental Rights of the aggrieved individual (a person whose Fundamental Rights are infringed). Although Article 32 guarantees a constitutional remedy for the aggrieved individual, it is left to the discretion of the Supreme Court to either grant or not to grant the constitutional relief.[25]
It must be noted that the Supreme Court of India can issue a Writ on its own accord for the enforcement of Fundamental Rights; additionally, the scope of Writs is limited to Fundamental Rights within Article 32 while the same Writ includes non-Fundamental Rights (ex: in the case of Smt. Imtiaz Bano v. Masood Ahmad Jafri (1979) AIR All 25, Justice M. H. Hussain of the Allahabad High Court allowed the Writ Petition of the appellant for the custody of her children) along with the Fundamental Rights for the High Court under Article 226 of the Constitution of India, i.e. the scope of Writs is larger for a High Court (Article 226) than the Supreme Court of India (Article 32).[26]
In the simplest of terms, a Writ is defined as any written command from the court of law to either perform or abstain from performing an act or a series of acts.[27]
The Latin phrase, Habeas Corpus, literally translates as 'To Have the Body.' Out of the five Writs, Habeas Corpus is the oldest Writ, wherein Clause 39 of the Magna Carta, 1215 had a clause to protect the unlawful imprisonment of innocent people.[28] The document signed by King John allowed the court of law to order Habeas Corpus to judicially inquire into the legality of the prisoner's arbitrary arrest or detention.
Although the United Kingdom codified the Latin phrase under the Habeas Corpus Act, 1679 under the rule of King Charles II to establish a proper legal procedure to issue the writ of Habeas Corpus, it would be suspended multiple times during the French Revolution of 1793 (to prevent a similar uprising from forming on English soil), World War I and World War II.[29]
A similar provision exists within the Constitution of India, wherein the unlawful detention can happen at the hands of either the State (Writs issued by not only the Supreme Court but also the High Court) or the private institutions (Writs issued by the High Court only)[30] occurs under any one of the following conditions:[31]
Article 22, Sub-Section 2 of the Constitution of India mandates the arresting institution (State/ Private Institution) to present the arrestee before the nearest Court of Magistrate within the first twenty-four hours of the arrest. If any individual is detained in the custody of either the State or any Private Institution for a period greater than twenty-four hours without being presented in front of a magistrate, then such detention will be deemed as unlawful.
Article 20, Sub-Section 1 of the Constitution of India prevents the arrest of any individual whose performance of any act or series of acts does not violate either any incumbent law or parliamentary statute. If a homosexual couple in India is arrested and subsequently detained on the grounds of sexual intercourse under Section 377 of the Indian Penal Code in 2021 by any law enforcement agency, then such custodial detention will be deemed as unlawful because the actions of the homosexual couple neither violate any particular law nor violate any parliamentary statute.
The detention of an individual under parliamentary legislation or statute is unlawful if the aforementioned statute or legislation has been deemed unconstitutional by the Supreme Court of India.[32]
If the detention of a person is done by the arresting agency with the malicious intention of inflicting harm on the arrestee.[33]
If the detention of the individual is in violation of Article 22, Sub-Section 4 of the Constitution of India (the preventive detention of an individual cannot exceed a duration of three months unless an Advisory Committee of either incumbent or former Judges of the High Court decides to uphold the preventive detention on grounds of sufficient cause (Article 22, Sub-Section 4, Clause A)), then the detention is deemed as unlawful.[34]
It is worth noting that a Writ of Habeas Corpus can be filed by either the detainee or any person on behalf of the detainee.[35] In the case of Sunil Batra v. Delhi Administration & Ors. (1979) 1 SCR 392, a five-bench constitutional bench (Chief Justice Y. V. Chandrachud, Justice V. R. Krishnaiyer, Justice S. M. Fazalali, Justice P. N. Shingal and Justice D. A. Desai) upheld the writ of Habeas Corpus made by the petitioner on behalf of his fellow inmate, Prem Chand for the inhuman sexual torture of the inmate at the hands of Head Warden, Maggar Singh; this shows that the scope and utility of Habeas Corpus can be widened to protect life and liberty of inmates within the walls of prison even if the detention of the petitioner was not unlawful.[36]
The aforementioned case cemented the fact that the application of the writ of Habeas Corpus may be formal or informal, wherein the petitioner in the aforementioned case wrote a scribbled letter to the Supreme Court of India from Tihar Central Jail that was accepted by the Supreme Court.[37] A similar contention was seen in the case of Prem Shankar Shukla v. Delhi Administration (1980) 3 SCR 855, wherein Justice V. R. Krishnaiyer upheld the telegram of the prisoner at the Tihar Central Jail (the petitioner complained of the torture and the humiliation of forced handcuffing in public) as a valid application for Habeas Corpus.
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If the writ of Habeas Corpus is rejected by any Judge of the Supreme Court, then the petitioner is barred from petitioning the same writ to another Judge of the same court because of the legal principle of Res Judicata under Section 11 of the Civil Procedure Code, 1908. For example, a suit or petition is filed with a court of law, wherein the parties to the suit are A and B; if a substantial portion of the suit has been raised in a previous suit or petition (between the same parties, A and B) before the same court of law, wherein the court has already decided upon the previous suit or petition, then the court of law has the power and authority to reject the new suit or petition under the principle of Res Judicata.[38]
The literal translation of the Latin word Mandamus is 'We Command,' wherein a court of law is empowered to issue the writ of Mandamus to a public authority who has declined to perform its legal duties and obligations.[39] Although the writ of Mandamus is filed by a person who has a direct interest in the performance of the public authority (the inaction of the public authority violates the Fundamental Rights of the individual), it is the discretion of the court of law to issue the writ for the proper functioning of the public machinery.[40]
The writ can be issued by the Supreme Court to an inferior court/ tribunal, public official, a public institution established by either the law or a parliamentary statute and a private corporation (provided that the Central/ State government has substantial control either financially or administratively over the private corporation).[41]
A Mandamus cannot be issued against a private corporation that has neither the financial nor the administrative control of the Central/ State government; additionally, the writ cannot be issued against the following authorities:[42]
Incumbent Chief Justice of India.
If the duty of the public authority is not mandated by law, i.e. the performance by the public authority is purely discretionary in nature, then a writ of Mandamus cannot be issued for the non-performance of non-statutory duties;[43] however, if the duty of the public authority arises out of Common Law, then the writ of Mandamus will be upheld even if the duty has no statutory standing.[44]
President of India and the Governor of a State.
If the duty arises out of a contractual agreement between two parties (one being a public authority), then the writ cannot be issued to the public authority for the non-performance of the provisions of the contractual agreement; however, if the public authority is being unfair, discriminatory and unreasonable while discharging the provisions of the aforementioned contract, then the public authority's decisions can be reviewed with the writ of Mandamus.[45]
The conduct of either the Member of Parliament (Lower House and Upper House) or the Member of State Legislative Assembly in the Central Parliament and the State Legislative Assembly respectively is exempted from the writ of Mandamus.
If the State Legislative Assembly passes a statute that violates the Fundamental Rights of the citizens of the State, then the writ of Mandamus cannot be issued against the aforementioned State Legislative Assembly.[46]
Any public official that is engaged in the official work of the Electoral Process is exempted from receiving the writ of Mandamus, provided that the Electoral Process is associated with the elections to either the Union Government or the State Government.
If the public harm caused by non-performance of duties by a public official has a legal remedy within the Code of Civil Procedure, 1908, then the Writ of Mandamus cannot be entertained by the Supreme Court of India.[47]
It is worth noting that an individual filing a petition of Mandamus must have not only a special interest in the subject matter (alleged non-performance of duties by the public authority) but also the legal right to file such a writ.[48] Although Article 32 provides for the writ of Mandamus, Indian cases and the principles of Jurisprudence have embodied themselves into three types of Mandamus writs:[49]
Continuous Mandamus:
There are instances where the Supreme Court may believe that the mere issuance of Mandamus will not be copious enough to make the public authority perform its duties; in such situations, the Supreme Court may order the continuous supervision of the public authority by the regular visitation of court officials that provide a comprehensive reporting of the compliance of the public authority with the writ of Mandamus.[50]
Anticipatory Mandamus:
If an individual files a writ of Mandamus after feeling that the non-performance of the duties by the public authority may infringe on the Fundamental Rights of the individual, then the writ becomes an Anticipatory Mandamus, wherein the Supreme can reject the writ since there is no actual legal injury to the Fundamental Rights of the individual.[51] Similarly, if an individual files a writ of Mandamus for an anticipative non-performance of duties, then the Anticipatory Mandamus has no standing.[52]
Alternative Mandamus:[53]
Upon receiving the writ of Mandamus, the Supreme Court may issue an Alternative Mandamus to the accused public authority, wherein the court of law asks the accused public authority to justify the non-performance of duties and if the public authority fails to provide a reasonable justification, then the court is empowered to issue a Peremptory Mandamus.[54]
In a nutshell, the writ of Mandamus acts as a constitutional remedy in public law for the enforcement of public rights by compelling the accused public authority to perform its duties (statutory or Common Law); additionally, the writ cannot be used as a remedy for private wrongs.[55] The writ of Mandamus acts as a 'wakeup call' for the public authorities that are sleeping on their respective duties.[56]
If a judicial or quasi-judicial body (ex: National Human Rights Commission, Competition Commission of India, Intellectual Property Appellate Tribunal, Income Tax Appellate Tribunal, etcetera) have breached their statutory jurisdiction, then the superior court of law can issue a Writ of Prohibition to the aforementioned subordinate judicial or quasi-judicial body.[57] It is worth mentioning that Prohibition is a preventive writ that acts as a 'Stay Order' on the case in the subordinate court of law, wherein the hearings of the case come to an immediate cessation after the writ of Prohibition is issued against the subordinate court.[58]
The Writ of Prohibition is upheld even if the subordinate judicial or non-judicial body acts outside the realm of Natural Justice, for example, if the Judge of the High Court is hearing a case where the Judge has a personal interest in the case, then the Judge violates the principles of Natural Justice.[59] The writ of Prohibition cannot be used against any administrative body or legislative authority or any private entity.[60]
If a subordinate court of law hears a suit or petition under legislation or statute or law that itself is unconstitutional or ultra vires, then the higher court can issue the writ of Prohibition to declare the suit as invalid; additionally, the same provision applies to suits where the Fundamental Rights of the parties to the suit are violated by the said subordinate court.[61]
The writ of Prohibition can be issued if and only if the subordinate judicial/ quasi-judicial body is yet to decide on the suit (at any step of the suit), i.e. the writ has no standing if the said authority has already decided on a verdict for the suit.[62] A major difference between the writs of Mandamus and Prohibition is that the former commands activity from the Supreme Court of India while the latter commands inactivity from the Supreme Court of India.[63] It is worth noting that the writ of Prohibition cannot be issued against the administrative decisions of the Executive government.[64]
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The Royal Charter, 1774 not only established the Supreme Court in the Calcutta province but also empowered the Supreme Court to issue the prerogative writ of Certiorari, wherein the same provision was extended to the Supreme Court of Bombay province (Clause 3 of Royal Charter, 1800) and the Supreme Court of Madras province (Clause 10 of Royal Charter, 1823).[65]
Although the meaning of the Latin word Certiorari can be discerned as 'to certify' from its etymological analysis, the true acumen comes from the case of Hari Vishnu Kamath v. Syed Ahmad Ishaque & Ors. (1955) 1 SCR 1104, wherein a seven-judge constitutional bench (Chief Justice M. C. Mahajan, Justice T. L. V. Aiyyar, Justice N. H. Bhagwati, Justice B. Jagannadhadas, Justice B. K. Mukherjee, Justice S. R. Das and Justice V. Bose) of the Supreme Court of India expounded on the scope of Certiorari to cover either of the following cases:[66]
If the subordinate court or a quasi-judicial body has defied its jurisdiction (either excess of jurisdiction or lack of jurisdiction).
If the subordinate court or a quasi-judicial body has violated the principles of Natural Justice.
If the error in judgement is evident at the end of the subordinate court or quasi-judicial body (i.e. the prima facie error in the legal procedure can be corrected by Certiorari while a wrongful verdict (non-favourable to one of the parties of the suit) by the subordinate judicial/ quasi-judicial body cannot be curated by Certiorari[67] ).
Fundamentally, the writ of Certiorari is issued by a superior court of law to an inferior judicial or quasi-judicial body to quash a verdict or order of the latter if either of the aforementioned conditions is fulfilled;[68] additionally, the writ can be issued if the superior court wants to transfer a particular case from the inferior judicial body to itself,[69] such that the superior court takes suo motu cognisance of the said matter.[70]
As against the Writ of Prohibition, the writ of Certiorari is issued after the inferior judicial/ quasi-judicial body declares a verdict for a case, i.e. the writ of Certiorari is a curative writ.[71] A certain set of conditions are needed for the issuance for the Writ of Certiorari:[72]
The writ of Certiorari can only be issued to an inferior judicial body by a superior court of law, i.e. the writ cannot be issued by one High Court to another High Court; however, the writ can be issued by the Supreme court of India to any other High Court.
Any one of the aforementioned three conditions must be present for the issuance of Certiorari, for example, if a Judge of the District Court has given a verdict in a suit or case without hearing the side of one of the parties, then the Judge has violated the principle of Audi Alterum Partem and the High Court can issue a writ of Certiorari to quash the said verdict of the District Court. The writ of Certiorari can be issued by the superior court if the decision or order of the inferior judicial/ quasi-judicial body violates the Fundamental Rights of the parties to the decision or order.[73]
Although the writ of Certiorari can only be issued against a judicial or quasi-judicial body, it is the case of Province of Bombay v. Kusaldas S. Advani & Ors. (1950) AIR 222 where Chief Justice H. J. Kania held that the scope of Certiorari includes the authorities who not only have the legal authority to make decisions regarding the citizens of India but also have the legal duty to act judicially.
Chief Justice H. J. Kania held that the term 'judicial acts' not only covers the acts of either a Judge of a court of law or a legal judicial tribunal but also covers the acts of any competent authority that affect the Fundamental Rights of the citizens of India.[74] It must be remembered that the writ of Certiorari cannot be used to quash the following acts: a) Acts of a Parliamentary Ministry, b) Administrative Acts of the Executive that are non-judicial in nature and, c) the Act or Ordinance of either the Central Parliament or the State Legislative Assembly; similarly, the superior court cannot invoke this writ to 'certify' the proceedings or documents of either the Act or the Ordinance of either the Central Parliament or the State Legislative Assembly.[75]
It must be noted that there exists a thin distinction between administrative actions (no Certiorari) and judicial/ quasi-judicial actions (valid Certiorari), wherein Lord Justice Atkin suggested that any action by lawful authority (may or may not be a judicial/ quasi-judicial authority) that affects the rights of citizens is a judicial action since the lawful authority has a legal duty to act judiciously.[76]
The writ of Certiorari can be issued against any such lawful authority that acts in excess of its jurisdiction, i.e. the arbitrary and capricious actions by the lawful authority that is not only unjust but also unfair invite the writ of Certiorari by a superior court of law.[77]
In a nutshell, the Writ of Certiorari can be issued by a superior court of law (ex: Supreme Court of India) to any subordinate body that performs judicial or quasi-judicial functions, wherein the functions can infringe the Fundamental Rights of the citizens of India when the subordinate body acts over a matter either in excess of its jurisdiction or in absence of any jurisdiction;[78] additionally, the writ cannot be issued to a private corporation since the private body does not execute any public function that can fall within the realm of judicial/ quasi-judicial functions.[79]
Read: Interpretation of state under Article 12
The final writ of Quo Waranto is a Latin phrase that literally translates as 'What Warrant,' wherein the writ bars any individual from occupying a public office that the said individual is not permitted to occupy.[80] The writ of Quo Waranto is issued by the superior court of law when the court wants to scrutinize the authority with which the public office is being held; additionally, the scope of the writ is limited to public offices that either exercise some significant government (central/ state) function and power or are charged with the duty of executing the law and parliamentary statutes.[81]
A writ of Quo Waranto cannot be held for a private office.[82] In line with the other writs, Quo Waranto can be filed by any person even if the petitioner is not directly affected by the occupancy of the public office in question.[83] The validity of the writ is upheld if and only if the following conditions are met:[84]
The office must be permanent and substantially public, i.e. the office must have its provenance in either the Constitution of India or the statute of the Central Parliament or the State Legislative Assembly. The public office performs certain Executive, Legislative and Judicial functions of the Central/ State Government for the interest of the public at large.[85] The public office must be autonomous in nature, i.e. the office and its office-bearer must not perform functions at the behest of another public office/ office-bearer (ex: deputy officer, assistant officer, etcetera).[86]
The occupancy of the office must violate the aforementioned provisions of either the Constitution of India or the genesis statute of the Central Parliament or the State Legislative Assembly.
If the writ of Quo Waranto is upheld, then the court will preclude the individual from carrying out any activities in the public office while declaring the public office as vacant.[87] The writ of Quo Waranto cannot be used for the dismissal of State Ministers since not only the appointment of the State Ministers was done by the Governor of the state on the advice of the Chief Minister of the same state but also the State Ministers enjoy their office at the pleasure of the aforementioned Governor and not the court of law.[88]
The writ of Quo Waranto cannot be issued if the contravention of law or statute by the occupancy of a public office has an alternative legal remedy (ex: the writ of Quo Waranto to challenge the election of the Chief Minister of a state will not be upheld by the court of law since there exists an alternative legal remedy of Election Petition).[89] It is worth noting that either the election or the appointment of an individual to a public office is not enough for the superior court of law to uphold the writ petition of Quo Waranto unless the said individual officially accepts the position of office-bearer of the public office.[90]
In certain cases, the writ cannot be issued against either the appointment of Council of Ministers along with the Cabinet Ministry (Central/ State Government) or Chief Minister along with the Governor of the State.[91] In a nutshell, the writ of Quo Waranto is a judicial remedy to reverse the unlawful occupancy of a public office by an office-bearer, such that the writ petition may be filed by a petitioner whose Fundamental/ Legal Rights are not directly affected by the aforementioned unlawful occupancy; additionally, the writ acts as judicial protection against the unlawful usurpation of offices of public nature.[92]
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The Fundamental Rights under Part III of the Constitution of India safeguard the socio-economic, cultural and intellectual interests of the citizens of India; however, the heart of the constitution (Article 32 of the Constitution of India) empowers the Supreme Court of India to protect and enforce the Fundamental Rights against the unlawful infringement by the Legislative and the Executive. Article 32 upholds the three-tier virtue of the constitution, wherein the constitutional remedy not only acts as a check for the continuance of the Doctrine of Separation of Powers but also protects the present and future of the citizens of India.
The five writs under Article 32, Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Waranto act as weapons to be used by the Supreme Court of India to protect the Fundamental interests of the citizens of India while keeping a check on the other organs of the social democracy that directly or indirectly affect the attainment of Fundamental Rights of the citizens of India.
In a nutshell; the writ of Habeas Corpus protects an individual from unlawful detention by either the law enforcement agency or a private body, the writ of Mandamus commands the activity of an inferior judicial/ quasi-judicial/ public authority that fails to fulfil its statutory obligations and Common Law duties, the writ of Certiorari certifies and quashes the unlawful decisions and verdicts given by an inferior judicial/ quasi-judicial authority, the writ of Prohibition halts the proceedings of the judicial/ quasi-judicial authorities that perform its judicial/ quasi-judicial in either excess of jurisdiction or absence of jurisdiction, and the writ of Quo Warranto bars the occupancy of any public office, wherein the incumbent office-bearer is not entitled to such an occupation.
Article 32 is the soul of the constitution without which the three-tier essence of the constitution is nullified.
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[18] Bhatia, supra note 13.
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[32] Makhan Singh v. The State of Punjab, 4 SCR 797 (1964) (India).
[33] GK TODAY, supra note 31.
[35] JAGRAN JOSH, supra note at 30.
[36] Kapoor, supra note at 25.
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[38] A second writ petition for issuing a writ of habeas corpus is barred by principles of res judicata, ADVOCATE TANMOY LAW LIBRARY (Nov. 20, 2018), https://advocatetanmoy.com/2018/11/20/ a-second-writ-petition-for-issuing-a-writ-of-habeas-corpus-is-barred-by-principles-of-res-judicata.
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[42] Ayush Verma, What powers do the courts have under writ of mandamus? IPLEADERS (Jul. 25, 2020), https://blog.ipleaders.in/powers-courts-writ-mandamus/#:~:text=The%20writ%20of%20 mandamus%20cannot,of%20a%20writ%20of%20mandamus.
[43] State of Assam & Anr. & Ajit Kumar Sharma & Ors., 1 SCR 890 (1965) (India).
[44] Anandi Mukta Sadguru Shree Mukta Jeevandasswami Suvarna Jaya v. V. R. Rudani & Ors., 2 SCR 697 (1989) (India).
[45] A. Arun, Law of Writs In Indian Constitution, LEGAL SERVICE INDIA, http://www.legalserviceindia.com/legal/article-541-law-of-writs-in-indian-constitution.html (last visited Mar. 06, 2021).
[46] Chotey Lal v. State of Uttar Pradesh & Ors., AIR All 228 (1951) (India)
[47] Vemula Prabhakar & Ors. v. Land Acquisition Officer, 1 ALD 200 (2002) (India).
[48] Writs in Indian Constitution, V SKILLS. https://www.vskills.in/certification/blog/types-of-writs-in-indian-constitution (last visited Mar. 06, 2021).
[49] Rishabh Sachdeva, Writ of Mandamus, SOO LEGAL (Feb. 07, 2020), https://www.soolegal.com/ roar/writ-of-mandamus.
[50] Verma, supra note 42.
[51] Maganbhai Ishwarbhai Patel v. Union of India & Anr., 3 SCR 254 (1969) (India).
[53] Sachdeva, supra note 49.
[55] Binny Ltd. & Anr. v. V. Sadasivan & Ors., AIR SC 3202 (2005) (India).
[57] Types of Writs under the Indian Constitution, LEX FORTI. (Nov. 13, 2020), https://lexforti.com /legal-news/types-of-writs-under-the-indian-constitution.
[58] Hemant More, Writs and Their Types, THE FACT FACTOR (Feb. 16, 2019), https://thefactfactor.com/facts/law/legal_concepts/legal_terms/writs/180.
[60] Types of Writs In India, BYJU'S. https://byjus.com/free-ias-prep/types-of-writs-in-india (last visited Mar. 06, 2021).
[61] LEX FORTI, supra note 57.
[62] Kapoor, supra note 25.
[63] Vikram Shah, What Is A Writ And What Is A Writ Petition? VAKIL SEARCH (Dec. 05, 2019), https://vakilsearch.com/advice/writ-petition-india-filing-drafting.
[64] Brij Khandelwal v. Union of India, ILR Delhi 501 (1975) (India).
[65] Kushagra Chandel, Correction of Quasi-Judicial Decisions: Writ of Certiorari, 1 PEN ACCLAIMS 1, 5-6 (2018).
[66] More, supra note 58.
[67] Syed Yakoob v. K. S. Radhakrishnan & Ors., 5 SCR 64 (1964) (India).
[68] Krishnendra Joshi, Writs under the Indian Constitution, IPLEADERS (May. 20, 2019), https://blog.ipleaders.in/writs-under-the-constitution/
[69] Shah, supra note 63.
[70] Kriti Goyal, Types of Writs, INDIAN LEGAL SOLUTION (Apr. 07, 2020), https://indianlegalsolution.com/types-of-writs.
[72] Joshi, supra note 68.
[73] Goyal, supra note 70.
[74] Hemant More, The Writ of Certiorari, THE FACT FACTOR (Aug. 10, 2020), https://thefactfactor.com/facts/law/civil_law/administrative-law/writ-of-certiorari/13998.
[76] R v. Electricity Commissioner, 1 KB 171 (1942) (the United Kingdom).
[77] A. K. Kraipak v. Union of India, 2 SCC 262 (1969) (India).
[78] The State of Uttar Pradesh v. Mohammad Nooh, SCR 595 (1958) (India).
[80] JAGRAN JOSH, supra note 30.
[81] P. S. Venkataswamy Setty v. University of Mysore & Ors., AIR Kant 159 (1964) (Karnataka, India).
[82] Hemant More, The Writ of Quo-Waranto, THE FACT FACTOR (Aug. 10, 2020), https://thefactfactor.com/facts/law/civil_law/administrative-law/the-writ-of-quo-warranto/14013/#:~: text=The%20Writ%20of%20Quo%2DWarranto%20cannot%20be%20issued%20to%20a,of%20which%20is%20being%20questioned.&text=The%20office%20must%20be%20public,or%20by%20the%20constitution%20itself.
[83] Godde Venkateswara Rao v. the Government of Andhra Pradesh & Anr.,2 SCR 172 (1966) (India).
[85] Abhishek Rathee, Writ Petition: Quo Warranto, SOO LEGAL (Mar. 05, 2020), https://www.soolegal.com/roar/writ-petition-quo-warranto.
[87] Ajay C., Types of Writs In Indian Constitution, LEGAL SERVICE INDIA http://www.legalserviceindia.com/legal/article-68-types-of-writs-in-indian-constitution.html (last visited Mar. 08, 2021).
[88] Cannot issue writ of quo warranto for removing Minister: High Court, THE HINDU. (Mar. 02, 2012), https://www.thehindu.com/news/national/tamil-nadu/cannot-issue-writ-of-quo-warranto-for-removing-minister-high-court/article2951318.ece.
[89] Jogendra Nath Hazarika v. the State of Assam & Ors., AIR Gau 25 (1982) (Gauhati: India).
[90] Puranlal Lakhanpal v. P. C. Ghosh & Ors., 74 CWN 228 (1970) (Calcutta: India).
[91] Mansi Jain, Different Writs Enshrined in the Constitution, IPLEADERS (Mar. 08, 2019), https://blog.ipleaders.in/writs.
[92] Deepak P. Singh, Various Types of Writs Under Constitution of India, TAX GURU (Jul. 31, 2015), https://taxguru.in/corporate-law/types-writs-constitution-india.html.
Understanding Acceptance In View Of M/S. Padia Timber Company (P) Ltd. V. The Board Of Trustees (2021)
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text:
module Dhis2
  module Api
    module Version228
      module Constants
        include ::Dhis2::Api::Shared::Constants

        VALUE_TYPES = %w(UNIT_INTERVAL LETTER BOOLEAN NUMBER TEXT DATE URL LONG_TEXT FILE_RESOURCE USERNAME TRACKER_ASSOCIATE COORDINATE INTEGER_POSITIVE DATETIME EMAIL TRUE_ONLY INTEGER INTEGER_ZERO_OR_POSITIVE ORGANISATION_UNIT TIME INTEGER_NEGATIVE PERCENTAGE AGE PHONE_NUMBER).freeze
        AGGREGATION_TYPES = %w(DEFAULT MAX AVERAGE_INT_DISAGGREGATION SUM AVERAGE_BOOL AVERAGE_INT COUNT CUSTOM STDDEV AVERAGE_SUM_ORG_UNIT NONE AVERAGE_SUM_INT AVERAGE_SUM_INT_DISAGGREGATION AVERAGE VARIANCE MIN).freeze

        def self.value_types
          VALUE_TYPES
        end

        def self.aggregation_types
          AGGREGATION_TYPES
        end
      end
    end
  end
end

redpajama_set_name: RedPajamaGithub


The 44m Heesen build, M/Y Sibelle, has just undergone her fourth price reduction and is now for sale at €15.5 million, 76.5% of her original asking price. The two-boat owner took delivery of his new vessel and third Heesen, 50m Sibelle, in March 2015 and has since periodically reduced the price of the 44m build, with two price reductions in 2015 and two in 2016.
The semi-displacement motoryacht is the third hull in Heesen's 4400 series and was delivered in 2008. The five-stateroom interior was styled by Omega Architects and the owner's architect, Michael Labazov.
Banning says the annual operating cost is roughly €1.5 million, so a €20 million investment could purchase the yacht and fund the first three years of her operation. Of the 40m+ Heesen listings delivered since 2000, only 44m Kijo (€14.95 million) is now lower in price than Sibelle, but she is five years older. The sale of 44m San Bernardo (2010) in August 2016 for €17 million would also indicate that Sibelle now holds a very competitive position on the market from a pricing perspective.


Trinity is a multi OS and multi language cloud bidding and procurement platform provider that helps enterprise reduce 30% of procurement process time and costs– from managing products and supplier information in the "cloud", send and compare tenders online or achieve cost savings with Trinity online bidding to business analytics reports. No need to invest in hardware or software to use Trinity now. System upgrades are free. Immediate return on investment. Trinity comes with dedicated customer support to help with supplier discovery , tenders and bidding set up. For certain items, Trinity can provide price benchmarks by country and industry.


CARTHAGE, Texas – No. 19 Blinn College volleyball remains the favorite in the Region XIV Championship Tournament after opening the postseason with a 3-2 victory over Lee College on Friday afternoon in the Arthur Johnson Gymnasium.
The Blinn Buccaneers downed Lee College by the score of 25-16, 25-21, 23-25, 21-25, and 15-12, to increase their record to 24-7.
"The postseason is a fun time to compete and we fought hard, played together, and earned another opportunity Saturday," said Kalie Mader, Blinn head coach.
Roxanne Morris led the Buccaneers with 15 kills, while Claire Chapman followed with 13 and Kayla Valigura with eight. Julia Fritz led the defense with 17 kills, while Morris recorded 12 and Chapman came up with 10. Kylee Kaaihue and Valigura each tallied six blocks each.
The Buccaneers are the No. 1 seed in the tournament and head to the winners' bracket after pushing through in the fifth set for the victory.
Blinn opened the match strong after dishing Lee College a nine-point deficit in the first set, and maintained control of the match with a 25-21 win in the second set. Lee College rallied back in the next two sets to even the match. Both teams traded points in the fifth set until the Buccaneers pulled ahead by three to defeat Lee College, 15-12.
Blinn will face No. 9 Panola College on Saturday, Nov. 4 at 9 a.m. The winner of the game will play again at 5 p.m., while the loser will play at 1 p.m.


With his fall 2018 men's collection called "Forever Kid", Maxime Simoens decided to channel retro gaming, from ready-to-wear to accessories. As a child from the 80s, the designer remembers Pacman, pixels and Gameboys in a playful journey into the past.
Discover our exclusive pictures of the presentation.


text:
Hillary Clinton PAC Makes Misleading "Pro-Life" Ad to Sway Christian Voters
Emily Derois Jun 15, 2016 | 7:02PM Washington, DC
A Super PAC that supports Hillary Clinton is running an ad that targets Christians and pro-lifers in a deceptive way.
NPR reports the commercial for presidential candidate Hillary Clinton is running on TV in several battleground states.
The commercial opens with a couple discussing the moment they realized their daughter had spina bifida, and what a blessing she has been in their lives. It appeals to the values held by pro-lifers and Christians, particularly in regards to the dignity of every life.
Complete with powerful images of their daughter Grace as an infant in the hospital and then as a child, it first appears to be campaigning against abortion for children with disabilities. However, its purpose is to attack Republican presidential candidate Donald Trump.
The couple described their "shock" at Trump mocking a disabled reporter in November. Grace's mother, Lauren Glaros, said: "When I saw Donald Trump mock a disabled person, I was just shocked. The children at Grace's school all know never to mock her, and so for an adult to mock someone with a disability is shocking."
SIGN THE PLEDGE! We Oppose Hillary Clinton!
Her husband Chris Glaros described his reaction, "When I saw Donald Trump mock someone with a disability, it showed me his soul. It showed me his heart."
Trump later responded to the criticism, claiming that he wasn't mocking the reporter's disability, according to NPR. He explained the situation at a rally: "I was very expressive in saying it, and they said that I was mocking him. I would never mock a person that has difficulty. I would never do that. I'm telling you, I would never do it." However, Trump refused to apologize for the blunder, saying that it was a misunderstanding and that he deserved an apology, according to the report.
The spokesman for Priorities USA Action, Justin Barasky, claims the ad isn't targeting a specific demographic: "We're speaking to lots of different people — to anyone who thinks mocking someone with a disability is offensive. Mocking someone with disability is offensive to evangelicals; it's offensive to agnostics, it's offensive to just about everybody."
It is undoubtedly wrong to mock a person with disabilities. Everyone ought to be treated with dignity and respect. However, a far greater injustice is to use abortion to discriminate against the disabled, and that's exactly what Clinton does.
Hillary Clinton supports abortion in every case, no matter how extreme. She even went so far as to openly oppose a new Indiana law that protects unborn babies like Grace from being aborted simply because of a disability. During an interview on The View recently Clinton also said an unborn child just hours before delivery should have no Constitutional rights. Her comments came just days after Clinton said unborn children simply do not have any Constitutional rights, which would include the right to life.
Pro-lifers viewing this commercial should know that Hillary Clinton will not defend children with disabilities from discrimination in the womb.


text:
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Matthew Buckingham's photographs, films, and videos explore social memory and historical representation. Often generated from archival materials or found objects, his works produce a visceral tension as historical documentation is brought into the context of contemporary art.
Buckingham was born in Nevada, IA, in 1963, and currently lives and works in Brooklyn, NY. He has had solo exhibitions at DAAD/Hamburger Banhof, Berlin, Germany (2007); Camden Arts Centre, London, UK (2007); Kunstverein St. Gallen Kunstmuseum, St. Gallen, Switzerland (2005-06); and Dallas Museum of Art, Dallas, TX (2004). Buckingham's work has been included in Mapping the City, Stedelijk Museum, Amsterdam, Netherlands (2007); Liverpool Biennial International 2006, Liverpool, UK; Love Supreme, La Criee centre d'art contemporain, Rennes, France (2001); and The 48th Corcoran Biennial: Closer to Home, Corcoran Gallery of Art, Washington, DC (2005).
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text:
Q: Adding users to groups with gpasswd and useremod what is the difference between doing
sudo usermod -a -G docker User_name
and
sudo gpasswd -a User_name docker
it seems both add a user to a group (in this case "docker")

A: No difference. They're just doing it from different perspectives:

*

*usermod is operating on a user. Its main argument is the username.

*gpasswd is operating on a group. Its main argument is the group name.

Aside from that, IMO usermod has greater potential for damage. If you forgot the -a option, it will remove the user from all other groups and make it a member of only the docker group. With gpasswd, at worst you add or remove the user from one group.

redpajama_set_name: RedPajamaStackExchange


text:
Q: Spring Boot -- delay boot's shutdown hook until my shutdown hook is finished I have a spring boot application running on two servers behind a load balancer.
I've defined a shutdown hook that sets the /healthcheck endpoint in my application to return a 404 error, waits 30 seconds for everything to finish up, and then halts the JVM.  The load balancer is configured to put the server into maintenance mode if it see a 404 error.  (This is different than a "DOWN" status -- in-flight connections are allowed to finish in maintenance mode)
The problem is that the load balancer never sees those 404 responses.  Instead, it gets a layer 4 TCP connection refused, putting the server in DOWN status on the load balancer.  I think this is happening because one of the other shutdown hooks (probably Spring, Boot, or Tomcat) is removing the TCP binding.
Is it possible to ensure that my shutdown hook runs to completion before any other shutdown hooks are called, or am I going to need to alter my init script to set the 404 status on healthcheck and wait the thirty seconds there before it stops the process?

A: I never did figure out how to handle this with a shutdown hook.
What I did to solve the problem is add an endpoint with the URL path "/lbdisable" which causes the "/healthcheck" endpoint to return a 404 error.
In the init script, I call "http://127.0.0.1:PORT/lbdisable" with curl, wait for 40 seconds, and then kill the program.  The switch from 200 to 404 on the health check causes the load balancer to put the server into maintenance mode.  That mode allows in-flight requests to finish, while ensuring that no new requests are sent to the server.
With these changes, I can now restart the program on both servers, with a two minute delay between the restarts.  Clients have no knowledge that anything has gone down, and there is zero loss.

A: Shutdown hooks are threads. I can not see how you could enforce any execution order


If you're searching for a trustworthy, professional and friendly roof and roofing repair business in Carrum 3197, then you've come to the right place. Our team will be happy to visit your home and assess your choices – No obligation! If you're searching for a business to repoint a tiled roofing, then we can help. We can also help with colorbond roof replacement, roofing system painting and roofing repair.
Our Carrum roofing experts are trained to fix and reconstruct a trusted roofing system that will protect your financial investment. We have worked thoroughly on roofing repair works in domestic and industrial locations. It is a smart choice to leave the entire roofing repair requirements to an experienced and expert hand like us. We take pride in all our roofing projects as we take time to understand our consumers' requirements and requirements. We ensure that you will get an expert finish with attention to detail.
A leaking roofing or a shifted tile may appear to be a small problem to you, however if ignored it can cause other more severe internal problems. The small problem can end up ending up being a significant one and might need a costly repair work. The moment you observe that your roof requires some repair and maintenance, you should call a certified roofing system tiler or certified plumbing technician to attend to the matter.
As roofing repair works professionals, we can handle almost all forms of problems irrespective of how small or big it is. Our highly trained specialists can locate the leakages accurately and fix them. They can recommend you the very best possible alternative to manage your concern and will send you an in advance quote. In case you decide to go on with us, we will begin our work immediately with no delay.
Employing an expert roof restoration expert can be a cost effective alternative to replacing your whole roof. Most of the times your roofing system can be brought back to as good as brand-new condition with the best materials and craftsmanship.
The roof repair procedure generally involves a comprehensive clean to get rid of any built up moss and dirt, fixing of damaged sheets or tiles, then repainting of the whole roofing to restore it to it's former glory. Roofing system restoration can extend the life of your existing roofing, avoid more expensive repairs as well as add value to your home thanks to its better street appeal. We can bring your old roof back to life with our professional roofing system restoration service. Restoring your roofing will not only enhance the street appeal of your house, it will increase it's value and can enhance energy efficiency.
Often it's not always possible or worthwhile restoring or repairing your roofing system due to its age or major problems. We specialise in roof repair works to harmed or leaky roofings due to wear and tear or roofing systems that have actually been inadequately set up.
Re-roofing services in Carrum will offer your old, tired roofing a fresh look and lasting wear. We will remove and get rid of your existing roofing system covering, battens and sarking. If your roof is asbestos we can set up a fully-licensed and recognized company to get rid of and deal with this harmful material. We work closely with these business to offer you with a smooth roof replacement from 'start' to 'finish'.
Your roof is among your most valuable assets. But as your home ages, your roof begins to age and it will require maintenance. However, the majority of people neglect their roofing systems until it is so deteriorated that it requires to be changed. We understand that correct repair works and maintenance can save money in the long run. That's why we offer detailed roofing system upkeep and service plans to fit your needs and spending plan.
· Dependability – We prepare and perform all our roof jobs in a prompt way and guarantee that whatever is done within the agreed time frame.
Our philosophy is simple: treat our clients as we want to be dealt with. In line with this, all our employee act with stability and honesty – when we start deal with your roofing, we treat your house as though it were our own. We treat your home with the regard that it deserves, for this reason our dedication to delivering top-notch service at a fair and affordable cost.
As the most relied on service for roof repair, roofing system replacement & roof restoration in Carrum, it must come as not a surprise to hear that of our employees are knowledgeable, professional, friendly and accountable. We speak straight with our personnel, and make every effort to work with just the most reputable roofing contractors.
Give us a call today or contact us via the query form on our site. We are constantly readily available by phone so you will be able to get all your roof repair work concerns responded to on the spot. If it is after hours please fill out our enquiry form and we will attempt and return to you as soon as possible. Remember no matter what the type of task you have, no matter how big or little, do not think twice to get in contact with us – we will provide you the most competitive quote we potentially can. If your job is outside the bayside suburban areas, that is no problem, we work all over town and more than happy to come and estimate you for any kind of roofing system remediation task.


The Springfield Science Museum is a museum dedicated to science.
Homer takes Lisa to the museum once a year. Professor Farnsworth also visited it once to show the science of Futurama.
The Simpson family went to Springfield Science Museum. Before closing was Homer lost in the "Wonders of the Body" exhibt and Bart and Lisa managed to free Homer so the family didn't get banned.
Modified on December 2, 2018, at 22:20.


Isle of Iona Postcode Map.
To find a specific post code in Isle of Iona, enter the address below or click on the map.
Isle of Iona town centre is located in the PA76 postcode (Argyll and Bute, geo coordinates 56.33139, -6.41533) with population of 125 people.


text:
Need For Mirrors: a name that has rapidly positioned itself amongst the greats of modern Drum & Bass, whose relentless output of high-quality and original material has secured releases on the scene's most prestigious labels.
Kicking things off in 2010, NFM continuously released banger after banger through legendary Drum & Bass imprints and a string of releases and rmxs on V & Chronic ending off a huge year..
2011 proved to be an incredible year for NFM with standout tracks Skip Rope on Symmetry and then Lofar finding a home within the highly esteemed Metalheadz family, whilst also marking the beginning of Zoltar, a label created by NFM to serve many purposes. Firstly, it enabled NFM to release fresh material of a particular sound more regularly; an accomplished and deeply personal sound. Secondly, Zoltar presented itself as the perfect vehicle through which NFM could promote the vinyl medium and the artwork that accompanies it, seeing this as a fundamental and treasured experience when buying music.
Developing as a household name for Drum & Bass, 2012 was another great year for NFM, with the incredible D.F.T.F (ft. DRS) dropping as part of an uniquely styled Metalheadz EP, rising straight to the top of various vinyl & download charts. Alongside an increase in Zoltar output, NFM saw huge releases drop on Symmetry, Playaz, Clear Skyz, Dispatch Recordings.
Dropping the huge Gunga P EP on V Recordings, Bredren EP on Philly Blunt and much more in the pipeline, NFM continues to team up with the V Family with hit after hit.
With a love for conceptual composition, And a commitment to creating emotionally charged dance music that induces a visual response in the listener, Its time for reflection with Need for mirrors.


Whether chasing squirrels, burying bones, or battling fountains, a dog's work is never done!
Their job is never done. Who to be blamed?
Tell that to my mutt, she lies around snoring all day!!
I really like this shot when you first look at it you think the dog is really angry till you realise what its actually doing.
Great shot. I love watching dogs "at work".
Rainfield61: Blame the dogs who came up with these silly activities and we humans for allowing them. Haha!
Saman: Thanks for dropping by.
Ryan: Less active dog means less work for you. :D She sounds a lot like my dog minus the snoring.
Stevebethere: The owner must bring the dog to this fountain all the time. She let him loose and let him play with the water.
Unknown Mami: It was his duty to play with the shooting water from the fountain.
Betchai: I agree. The dog looked vicious in the shot, but was just playing.
That is hilarious! I have a dog that will stick her head directly into the garden hose with it going full blast out of the nozzle. I guess a dog's work is never done.
Elva: That sounds painful, but now that is a dog that loves water!


text:
Q: Android sdk platforms for windows and mac are same? I have android sdk updated in my windows machine. I need to shift to mac. Already I have android sdk installed for mac. Shall I copy those platforms folder from windows to mac(android-10, android-11..etc). will those be same for windows and mac or different?

A: This will be Helpful to you.Check here .It is what you are looking for.


If you need an add-on to change thread icon into some funny face, you definitely need "Advanced Threads Icon".
This add-on allows users to add some funny icon like Smiley icon, yahoo icons, ... before the thread's name displaying in the thread list. It makes content lively and vividly and also sticks post/threads by a different way.
- Can add icon to thread title on the thread lists.
- Admin can manage thread icon (support CSS Sprite).
- Admin can select which affected node these permissions should be forced on to.
- Admin can exclude which affected usergroups these permissions should be forced on to.
- Admin can select icon position (after/before thread prefix).
- Support template modification system.