Invocation of Writ Jurisdiction for the Award of Compensation

Indian Judicial Approach

Abstract

Socio-economic justice is the signature tune of the Indian Constitution. It is well settled law that for the violation of fundamental rights by the State instrumentalities compensation must be awarded. The Constitution guarantees fundamental rights which cannot be ordinarily derogated. In protecting these rights, the Constitution has provided for writ remedies enforceable by the High Courts and the Supreme Court. Often these rights are violated by the State, though in some cases private parties may also be involved. An important dimension of these remedies is the award of compensation as a part of the reliefs that can be granted to the affected person. This arises from the fact that not only does the state have a legal duty in protecting the rights guaranteed, but also a social duty to compensate the affected, when the state violates these rights. Through the various decisions of the Courts in India, it may be stated that this dream of human rights enthusiasts is now an obligation of the state. The rights have been interpreted to imply a contract between the State and the citizens, a breach of which may be regressive monetarily. This article seeks to examine this new trend through a focus on various aspects of compensating through writs.