No absolute bar in invoking writ jurisdiction against the State or its instrumentalist for enforcement of contractual obligations: An Analysis
The Authors, Prasad Dhande, Partner and Amit Khairwar, Senior Associate at Link Legal.
“The Court of King’s Bench hath not only the authority to correct errors in judicial proceedings, but other errors and misdemeanours […] tending to the breach of peace, or oppression of the subjects, or arising of faction, controversy, debate or any other manner of misgovernment; so that no wrong or injury, public or private, can be done, but that this shall be reformed or punished by due course of law..” (James Bagg’s case, (1572) 11 Co Rep 93b : 77 ER 1271)
The Administrative law in India has been shaped on the lines of English law. The Power to issue writ or any order of direction for “any other purpose” has been held to be included in Article 226 of the Constitution of India. However, th...