Habeas Corpus: Habeas Corpus is a Latin term that means "you shall have JUDICIAL REVIEW: India has

India has its three organs which form the entire body
the body." It refers to a legal principle and writ that protects an of government. This particularly includes the legislature, executive and
individual's right to be free from unlawful detention or imprisonment. The judiciary.
writ of habeas corpus is a fundamental safeguard of personal liberty and The legislature's role is to institute laws, the executive's role is to
ensures that a person who is detained can challenge the legality of their administer these laws, and the judiciary's role is to check the credibility of
detention before a court. Habeas Corpus in India: those laws shaped by the legislature. | The judiciary has the authority of
 In India, Article 32 of the Constitution guarantees the right to judicial review, or judicial scrutiny of the exertions or undertaking of
approach the Supreme Court for the enforcement of fundamental legislative, executive, and administrative arms of the directorate or
rights, including the right to life and personal liberty (Article 21). The government. | The paramount intention of performing such an act is to
Habeas Corpus Petition can be filed under Article 32 before the check whether the actions are under the purview of the law of land i.e.
Supreme Court, or under Article 226 before the High Court, if a Constitution or not. |What is Judicial Review? | It is a type of court
person is unlawfully detained. proceeding in which a judge reviews the lawfulness of a decision or
 Courts in India have been proactive in enforcing this right, often action made by a public body. | In other words, judicial reviews challenge
intervening in cases where detainees claim unlawful detention, how a decision has been made, rather than the rights and wrongs of the
including in instances of preventive detention and arrests without due conclusion reached.
process.
 The writ has been invoked in a variety of contexts, from unlawful Judicial review has two important functions, like, of legitimizing
arrests to challenges against the detention of individuals under government action and the protection of constitution against any undue
preventive detention laws (such as the National Security Act). encroachment by the government. |Judicial review is also called the
Writ of Prohibition: The writ of prohibition is a judicial order issued by a interpretational and observer roles of the Indian judiciary. |Types of
higher court (usually a superior court, like a High Court or the Supreme Judicial Review :
Court) to a lower court or tribunal, directing it to stop proceedings in a case Reviews of Legislative Actions: This review implies the power to ensure
that exceeds its jurisdiction or authority. Essentially, this writ is used to that laws passed by the legislature are following the provisions of
prevent an inferior court or authority from acting beyond its lawful powers. the Constitution of India, 1950 (COI).
| 1. Preventive in nature. 2. Issuance by higher courts. Review of Administrative Actions: This is a tool for enforcing
3. Jurisdictional Issues 4. Irreparable Harm| In India, the writ of prohibition constitutional discipline over administrative agencies while exercising
is provided under Article 226 of the Constitution, which grants the High their powers.
Courts the power to issue orders, directions, and writs, including the writ of Review of Judicial Decisions: This review is used to correct or make any
prohibition, to ensure that the lower courts or tribunals do not act beyond change in previous decisions by the judiciary itself.
their jurisdiction. | Article 32 of the Indian Constitution also grants the Scope of Judicial Review:
Supreme Court the power to issue writs, including prohibition, to enforce The constitutional validity of a legislative enactment or an executive
the fundamental rights of citizens. | For example, in the case of K.K. Verma order can be challenged in the Supreme Court or in the High Court on the
v. Union of India (1954), the Supreme Court of India issued a writ of following grounds.
prohibition against the administrative tribunal, as the tribunal was | It violates the Fundamental Rights enshrined in Part III of Constitution. |
proceeding without proper jurisdiction. It is outside the competence of the authority which has framed it. | It is
repugnant to the constitutional provisions.
1. Short title, extend and commencement. 2. Definitions
3. State Bar Councils. 4. Bar Council of India
5. Bar Council to be body corporate
6. Functions of State Bar Councils
7. Functions of Bar Council of India
7A. Membership in International Bodies
8. Terms of office of Members of State Bar Council
8A. Constitution of Special Committee in the absence of elections
9. Disciplinary committees
9A. Constitution of Legal Aids Committee
10. Constitution of committees other than disciplinary committees
10A. Transaction of Business by Bar Councils and committees thereof
10B. Disqualification of Members of Bar Council
11. Staff or Bar Council. 12. Accounts and audit
13. Vacancies in bar councils & Committees thereof not to invalidate
action taken
14. Election of Bar Council not to be questioned on certain grounds
15. Power to make rules. 16. Senior and other advocates
17. State Bar Councils to maintain roll of advocates
18. Transfer of name from one State roll to another
19. State Bar Council to send copies of rolls of advocates to the Bar
Council of India
20. Special provision for enrolment of certain Supreme Court Advocates
21. Disputes regarding seniority. 22. Certificate of enrolment
23. Right of pre-audience
24. Persons who may be admitted as advocates on a State roll
24A. Disqualification for enrolment
25. Authority to whom applications for enrolment may be made
26. Disposal of an application for admission as an Advocate
26A. Power to remove names from roll
27. Application once refused not to be entertained by another Bar Council
except in certain circumstances
28. Power to make rules
29. Advocates to be the only recognized class of persons entitled to
Practice law
30. Right of Advocates to practice 31. [Omitted]
The Bar: Bar is attributed to be an inclusive term for all the advocates who Writ of Certiorari: The writ of certiorari is a judicial order issued by a
are allowed and licensed to practice law in the courts of India, or any higher court to a lower court, tribunal, or public authority, directing it to
particular court of any particular state. The word “Bar” was first used in send the record of a case or proceeding for review. It can also be used to
England to signify the partition of bar, fixed in a court so as to divide the quash or annul the decision of the lower court or tribunal if it is found to
court between two parts, one for the lawyers and officers and the other be illegal, erroneous, or made in excess of jurisdiction. Essentially, it is a
for the general public. In recent times, the term “Bar” has also been used corrective writ that is used to rectify any errors made by inferior courts or
for the advocate’s part of a court or for the judicial officer’s part. tribunals. | In India, the writ of certiorari is provided under Article 226 of
The Bench: The term Bench signifies all the Judges collectively taken as the Constitution, which gives the High Courts the power to issue orders,
one. It is a metonym used to define the members of the Judiciary, or the directions, or writs, including certiorari, to any person or authority within
Judges of a particular court. The term Bench is also used to simply signify its jurisdiction. The writ can be used by the High Court to review the
the location where the Judges in a court usually sit. decisions of inferior courts, tribunals, or administrative bodies. |
Bench Bar Relation: Bar-Bench Relation in law refers to the cordial Additionally, Article 32 of the Constitution also allows the Supreme Court
relationship between the Advocates and the Judges. The Bar (Advocates) to issue certiorari for enforcement of fundamental rights. However, the
and Bench (Judges) play an important role in the administration of justice. Supreme Court typically issues certiorari when an individual's
The judges administer the law with the assistance of the lawyers. The fundamental rights have been infringed upon, and the High Court is
lawyers are the officers of the court. They are expected to assist the court unable to provide adequate relief.| In the case of State of Uttar Pradesh
in the administration of justice. As the officers of the court the lawyers are v. Johri Mal (2004), the Supreme Court of India used the writ of certiorari
required to maintain respectful attitude toward the court bearing in mind to quash an order made by an administrative tribunal that was found to
that the dignity of the judicial office is essential for the survival of the be in excess of its jurisdiction.
society. Mutual respect is necessary for the maintenance of the cordial Writ of Mandamus: A writ of mandamus is a legal order issued by a
relations between the Bench and Bar. | The opinion of our Supreme Court higher court to a lower court, government official, or public authority,
in the context of Bench- Bar Relation has been clearly laid down in P.D. directing them to perform a specific duty that they are legally obligated to
Gupta v. Ram Murti and Others as follows: "A lawyer owes a duty to be carry out but have failed to do. It's an extraordinary remedy, used when
fair not only to his client but also to the court as well as to the opposite there’s no other adequate legal remedy available, and it’s often requested
party in the conduct of the case. Administration of justice is a stream to compel someone to act according to the law.| In essence, the writ
which has to be kept pure and clean. It has to be kept unpolluted. forces the person or entity to fulfill a responsibility or duty they are
Administration of justice is not something which concerns the Bench only. required to perform under the law. | In India, the writ of mandamus is an
It concerns the Bar as well. The Bar is the principal ground for recruiting important tool used to ensure that public authorities perform their legal
judges. Nobody should be able to raise a finger about the conduct of a duties. The Indian Constitution under Article 32 (Supreme Court) and
lawyer. Actually judges & lawyers are complementary to each other. The Article 226 (High Courts) grants the power to issue writs, including
primary duty of the lawyer is to inform the court as to the law and facts of mandamus.| Here are a few example cases in India where a writ of
the case and to aid the court to do justice by arriving at the correct mandamus was issued: |State of Uttar Pradesh v. Rajesh Yadav (2013):
conclusions. Good and strong advocacy by the counsel is necessary for the The High Court of Allahabad issued a writ of mandamus, ordering the
good administration of justice. Consequently, the counsel must have state government to grant the promotion to the petitioner, as the
freedom to present his case fully and properly & should not be authorities were legally obligated to do so under the promotion rules.
interrupted by the judges unless the interruption is necessary."
32. Power of Court to permit appearances in particular cases
33. Advocates alone entitled to practice. 34. Power of HC to make rules
35. Punishment of Advocates for misconduct 36. Disciplinary pwrs of BCI
36A. Changes in constitution of disciplinary committees
36B. Disposal of disciplinary proceedings
37. Appeal to the Bar Council of India | 38. Appeal to the Supreme Court
39. Application of sections 5 and 12 of Limitation Act, 1963
40. Stay of order. 41. Alteration in roll of Advocates
42. Powers of disciplinary committee
42A Powers of Bar Council of India and other Committee India and other
Committee| 43. Cost of proceedings before a disciplinary committee
44. Review of orders by disciplinary committee
45. Penalty for persons illegally practicing in courts and before other
authorities. 46. [Omitted] | 46A. Financial Assistance to State Bar Councils
47. Reciprocity. 48 Indemnity against legal proceedings
48A. Power of Revision. 48AA. Review 48B. Power to give directions
49. General power of the Bar Council of India to make rules
49A. Power of Central Government to make rules
50. Repeal of certain enactments 51. Rule of construction. 52. Saving
53. Elections to first State Bar Council
54. Terms of office of members of first State Bar Council
55. Rights of certain existing legal practitioners not affected
56. Dissolution of existing Bar Council
57. Power to make rules pending the constitution of a Bar Council
58. Special provisions during the transitional period
58A. Special provision with respect to certain Advocates
58AA. Special provisions in relation to Union Territory of Pondicherry
58AB. Spl. provisions with respect to certain provisions enrolled by
Mysore State Bar Council
58AC. Special provisions with respect to certain provisions enrolled by
Uttar Pradesh State Bar Council
58AD. Special provisions with respect to certain persons migrating to India
58AE. Spl. provisions in relation to the U.T. of Goa, Daman and Diu
58AF. Special provisions in relation to Jammu and Kashmir
58AG Special provisions in relation to Articled Clerks
58B Special provisions relating to certain disciplinary proceedings