The prerogative powers of writ jurisdiction conferred by the constitution for judicial review of administrative action is undoubtedly discretionary and yet unbounded in its limits. The discretion however should be exercised on sound legal principles. In this respect it is important to emphasis that the absence of arbitrary power is the first essential of the rule of law upon which the whole constitution system is based. In a system governed by rule of law when discretion is conferred upon the executive authorities it must be based on clearly defied limits. To understand the effectiveness of Writs both as a tool of public policy and as a progressive legislative experiment, a seminar was organized by the Legal Aid Society (LAS) and Centre for Constitutional Law and Governance with Justice (CCLGJ) at School of Law, Galgotias University.
The team comprising of Dean School of Law Dr. Kiran Gardner, Legal Aid Society & Center for Constitutional Law and Governance with Justice Coordinator, Mr. Manvendra Singh along with student conveners Amber Aggrawal and Jatin Lalit Singh conducted the event.
Writ is powerful tool in the hands of citizen and at the same time it is answer to all issues of administration and governance.
This productive seminar was conducted with the following objectives:
- To provide knowledge sharing platform for sharing best practices, success stories and experiences on Introduction of writs in Indian Legal System.
- To discuss and deliberate the steps needed to be taken to further strengthen the Writs regime.
- To provide audiences with a clear understanding of the main features of the Writs and its operational provisions.
- To develop capacity of participants to teach the main provisions of the Law to others.
Session was broadly classified into 2 sub-sessions.
- Practical Session: This session totally focused on training of the participants on filing of a writ and informed participants that writ is typically issued what an appeal is granted. An appellate court orders a lower court to deliver the entire record including documents and trans of testimony or other courtroom proceedings for review Workshop also pointed out common errors and list out important pointers for the participants while filing of a writ.
- Interactive Session: This session covered participants sharing of their understanding of writs and raised doubts regarding session.
About the speakers
Prashant Patel is an advocate practicing at Supreme Court of India and High Court of Delhi. He is also a public speaker, writer and a social activist. He has been fighting against corruption and is instrumental in raising various social issues that have an impact on society through legal ways. A few cases that Prashant Ji has taken up include:
- Petition against 21 AAP MLA for holding Office of Profit.
- Petition in JNU matter relating to the night of 9th February.
- Rajya Sabha TV Scam, etc.
Kushal Sharma is also an advocate practicing at Supreme Court of India and High Court of Delhi. He is a standing council of Union of India at Supreme Court.
The seminar was successfully able to achieve following learning outcomes:
- Provided adequate knowledge and broad understanding about Writs.
- Highlighted its importance as a tool for ensuring Transparency and Accountability in Government.