Ubi Jus Ibi Remedium – Where there is a Right, There is a Remedy
This Latin maxim is not just an empty expression. It has sown the seeds of hope and confidence amongst the multitudes, who have placed their unflinching faith in the judiciary, in the legislature, in the Constitution itself. It is an undeniable fact that the judiciary, with advance of time, has gained immense prominence and has demonstrated herself as a strong willed yet humane judicial authority, providing much-needed succour to many grieving souls. However, the extent of the law and its remedies has moved at a snail’s pace through the labyrinth of the judicial system. The sentinels of the law have sadly, through their stereotyped approach on certain issues, unwittingly contributed towards over burdening the judiciary with frivolous cases. It has been observed that writ petitions are being filed before the High Courts under Article 226 read with Article 227 of the Constitution of India on a routine basis without appreciating the facts that the scope and powers granted under aforesaid Articles are very different. This paper is dealing with the discussion on Article 226 and 227 of the Constitution of India in general, highlighting the necessity to understand the intelligible distinctiveness that exists between these aforesaid Articles. The tepid and insensitive approach adopted towards the nature and scope of these aforesaid Articles has resulted in overwhelming the High Courts with Writs that digresses from the well-established norms in terms of various judicial precedence, which in turn has become the bane for speedy and effective remedy. This paper, thereby intends to reinforce the understanding and nitty-gritty involved in the practical application of the aforesaid Articles.
