CONSTITUTIONAL LAW REMEDIES
CONSTITUTIONAL LAW REMEDIES
At Nyaya Niti, we understand that when the Constitutional rights are threatened or violated, the citizens must have a path to justice.
That path leads to the Constitutional Courts—the High Courts and the Supreme Court of India—where people seek protection, fulfillment, or restoration of their fundamental rights.
Fundamental right
- Equality before the law: Citizens approach courts when they face discrimination by public authorities like municipal corporations, Income tax services etc.
- Freedom of speech and expression: Individuals demand redressal when their voices are unlawfully silenced or censored.
- Right to life and personal liberty: The courts intervene in cases of unlawful detention, custodial violence, or threats to dignity and life.
- Protection of minorities: Remedies are available when minority rights in education, religion, or culture are infringed upon.
Environmental and development conflicts
- Balancing environment and development: Constitutional Courts intervene when ecological rights are threatened by development.
- Right to a clean environment: Individuals want judicial protection when pollution or degradation affects health and life.
Separation of power
- Executive not doing right judgment: Courts intervene when executive decisions violate rights or fail due process.
- Judicial overreach: Citizens have a right to seek protection from excessive judicial activism that disturbs the constitutional balance.
- Executive accountability: Legal directives help enforce responsibility and transparency in executive actions.
- Legislative mala fides: Courts examine and strike down laws that are passed with unconstitutional intent or procedural impropriety.
Election and representation
- Election issues – qualification and disqualification: Voters and candidates challenge unfair disqualifications or false affidavits.
- Delimitation of constituencies: Affected parties seek court review when constituency boundaries are drawn arbitrarily.
- Election malpractices: Court intervention is sought to curb corrupt practices like booth capturing, bribery, or misuse of state power.
- Disqualification of legislators: Courts weigh in to determine the validity of disqualifications due to defection, conviction, or ethical breaches.
Economic and property rights
- Land acquisition without compensation: Citizens seek justice when their property is illegally acquired
- Expropriation of property: Remedies are seeked by people or organizations against arbitrary or illegal seizure of assets by the State.
- Regulation of trade and commerce: Businesses approach courts when regulations hinder lawful enterprise without justification.
- Taxation powers: Judiciary steps in to ensure that taxes are imposed lawfully and equitably.
What are your challenges? Every challenge is unique. Sometimes online meetings / a personal consultation is all that is required to solve a problem!
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FAQ
Survey the land with government authorities and file a legal case if required. We help clients resolve boundary disputes through legal means.
You can file for an injunction to stop the encroachment and seek possession through court. Our team specializes in such land disputes.