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Our Constitutional & Writ lawyers in Dehradun cover wide subject matters ranging from functioning and malfunctioning of state authorities, public institutions, organizations, to protection of fundamental rights guaranteed under the constitution of India. The constitutional and WRIT matters at the firm in Dehradunb are handled by our seasoned members who are expert constitutional and writ lawyers having presented numerous matters before various High Courts and the Supreme Court of India.
The Constitution lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, the directive principles and the duties of the citizens. As a supreme guiding force, it was created by a constituent assembly and adopted by its people with a declaration in its preamble that all institutions shall function as per the Constitutional law. The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950, Dr. B. R. Ambedkar being its chief architect.
The constitution law practice deals with the union and its territory, citizenship, fundamental rights and duties, directive principles of state policy, the Union, the States, union territories, the High Courts in the states, subordinate courts, the panchayats, the municipalities, cooperative societies, the scheduled and tribal areas, relations between the union and the states, finance, property, contracts and suits, trade, commerce and intercourse within the territory of India, services under the union and the states, tribunals, elections, special provisions relating to certain classes, official language, regional language and Emergency provisions.
Under the scheme of the Constitution of India, Parliament/ State legislation is empowered to make laws, Executive implements the laws and Constitutional courts interpret the provisions of Constitution. Parliament can amend the Constitution but the basic structure of the Constitution cannot be amended under Article 368.
The Fundamental rights are enforceable against State under Writ petition either before the High Court or the Supreme Court. ‘State’ is defined under Article 12, and the rule of law under Article 13.
The Fundamental Rights are covered as follows:
Writ jurisdiction of the Hon’ble High Court of Uttarakhand at Nainital can be invoked under article 226 in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari. The Hon’ble Supreme Court, the highest court of adjudicature, may also entertain petitions and issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights.
The petitioner must file a representation in the department/ office to avail an existing remedy before filing a Writ Petition in the Hon’ble High Court or Supreme Court. Although no specified limitation is applicable to the violation of fundamental rights in the Hon’ble High Court, a petition can be dismissed on the ground of delay or latches. Our expert Lawyers for Constitutional and Writs matters in Dehradun recommend clients to file a petition within a reasonable time frame to avoid dismissal out of delay.
Golden Rules
**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit.
1. A.K Gopalan vs. State of Madras, 1950[1] Issue AK Gopalan was a Communist leader who was detained in the Madras Jail in 1950 under the Pr
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