RULES OF LAW

The Indian judicial system, long heralded as a pillar of justice and democracy, now finds itself facing critical challenges that threaten its very core. An observation by a criminal court in India recently highlighted one of these pressing concerns. The statement reads, "Passover is not possible due to heavy workload. This court is handling work of two police stations and one traffic circle with total pendency of almost 8000 matters, and the shortest possible dates are given accordingly." This stark revelation paints a troubling picture of an overburdened system that is struggling to maintain its efficiency. The Unbearable Workload The court’s statement underscores a crisis that has been brewing for years. Courts across the country are inundated with cases—civil, criminal, and administrative—leading to an ever-growing backlog. As this specific instance shows, a single court handling the workload of two police stations and a traffic circle with a pending caseload of 8000 m...

Article 226: Power of High Courts to issue certain writs 1)     Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. 2)    The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within th...