Writ Jurisdiction of the Supreme Court - Only When Fundamental rights are violated
IN a case pertaining to NDPS, there was a writ petition in the Supreme Court asking for a direction to allow remission of sentence. The issue here is whether a writ of mandamus can be issued to authorities to grant remission to the petitioners. The Supreme Court held that Article 32, as has been interpreted and stated by the Constitution Bench and well settled in law, can be only invoked when there is violation of any fundamental right or where the Court takes up certain grievance which falls in the realm of public interest litigation.
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