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Monetary Compensation As A Tool For Redress: The Evolving Role Of Writs In India


Tejaswini U, The Central Law College, Salem affiliated to The Tamil Nadu Dr Ambedkar Law University, Chennai


ABSTRACT


Monetary compensation as a tool for redress has emerged as a powerful instrument in the Indian legal system for violations of Fundamental Rights guaranteed in Part-III of the Constitution to individuals by the State. This paper delves into the historical trajectory of this development, tracing its roots from the initial reluctance to award compensation under writ jurisdiction to its present-day acceptance as a vital remedy for rights violations. It examines the landmark cases that have shaped this evolution, highlighting the Supreme Court’s pivotal role in expanding the scope of writ remedies to include monetary compensation. The paper will also analyse the challenges and limitations associated with awarding compensation through writs.


Keywords: Monetary Compensation, Writs, Article 32, Fundamental Rights Violations, Compensatory Jurisprudence in India.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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