Anaya Nolan
In India, citizens can challenge a law in court by filing a petition under Article 32 of the Constitution, which guarantees the right to approach the Court if a fundamental right has been violated. For example, in the case of Smt Ujjam Bai vs State Of U.P on April 10, 1962, the appellant claimed that their fundamental right was violated by an assessment order charging duty under the wrong item in the tariff. Additionally, grievances against judicial officers can be sent on a sworn affidavit with verifiable facts to the Registrar General of the concerned High Court. Citizens also have the right to contest wrongful traffic fines and wills in an Indian court of law.
| Characteristics | Values |
|---|---|
| Grievances against Judicial Officers | Should be sent on sworn affidavit with verifiable facts to the Registrar General of the concerned High Court |
| Petitions, applications and other documents to be filed before a Court of Law | Should not be sent along with grievances, these must be presented in person or by a duly authorized agent or advocate |
| Challenging a will | If the trial is successful, then the previous will comes into force. If there is no earlier will, the departed are said to have died “intestate” and assets are divided according to law |
| Challenging a will | If the late promised to include someone in the will, it can be challenged per the Testamentary Promises Act/Law Reform Act |
| Challenging a will | If the challenger is a husband, wife, civil union partner, or de facto partner of the deceased, they are qualified to have the property distributed under equal-sharing rules per the Property/Relationships Act, 1976 |
| Challenging a will | If the challenger is not a close relative, they may still be able to bring a claim under the law, but they must produce satisfactory proof of the promise |
| Challenging a traffic fine | Seek legal advice, maintain courtesy, and gather necessary evidence |
| Challenging a law | If the law impinges on a fundamental right, then the person aggrieved has a right to approach the Court by means of a petition under Article 32 of the Constitution |
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What You'll Learn
Challenging a will
In India, a will is a legal document that outlines a person's wishes for the distribution of their property after their death. While a will holds significant legal weight, it can still be contested in court under specific circumstances. Here are the key considerations for challenging a will in India:
Legal Grounds for Challenging a Will
To successfully challenge a will in India, you must present valid legal grounds. Common legal grounds for contesting a will include:
- Undue influence, fraud, or coercion: You can challenge a will if you believe it was created under undue influence, fraud, or coercion, which means the free will of the testator (the person making the will) was compromised.
- Lack of testamentary capacity: If you have evidence that the testator lacked the mental capacity to make the will, such as being of unsound mind or under the influence of substances, you can contest the will on these grounds.
- Improper execution: A will must be signed by the testator in the presence of at least two witnesses, who must also sign the document. If these formalities are not followed, the will can be challenged for improper execution.
- Exclusion of legal heirs: While a testator can dispose of their property as they wish, disinheriting legal heirs (such as children or spouses) without a reasonable explanation may be grounds for challenging the will.
- Lack of testamentary intention: If you believe the language and interpretation of the will do not align with the true intentions of the testator, you can challenge it on these grounds.
- Forgery: In cases where the testator's signature is falsified or the will is altered after their death, you can file a private criminal complaint to invalidate the will.
- Revocation: If the testator revoked or altered a previous will, the latter will can be challenged to the extent of its inconsistencies with the former.
- Uncertainty: If a will is vague or ambiguous, lacking a clear object or subject, it may be considered invalid due to uncertainty.
Procedure for Challenging a Will
When challenging a will in India, you should follow these steps:
- Gather evidence: Substantial evidence is required to challenge a will successfully. This can include witness testimonies, medical records, or forensic proof to support your legal grounds.
- Identify legal heirs and interested parties: Legal heirs, such as the testator's children, spouse, parents, or siblings, typically have the right to challenge a will. However, other interested parties, like beneficiaries or financially dependent individuals, may also have the right to contest.
- File a suit in court: Legal heirs or interested parties can file a suit in court to challenge the will. The court will scrutinize the validity of the will based on the evidence provided.
- Time limitations: In India, the Limitation Act, 1963, specifies a time limit for challenging a will. Typically, you have 12 years from the date the right to challenge accrues, such as the date of the testator's death or the discovery of fraud. If the will is going through probate, the challenge should be made during the probate proceedings.
Outcomes of a Successful Challenge
If your challenge to the will is successful, the previous will may come into force if one exists. If there is no earlier will, the deceased is said to have died "intestate," meaning without leaving a valid will. In this case, the law will dictate how the deceased's assets are divided, typically following the rules of equal sharing for spouses or partners.
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Contesting a wrongful traffic fine
In India, it is your right to contest a traffic fine that you believe has been wrongfully issued. However, if the fine is found to be valid, you will be liable to pay the fine, including any accumulated late fees.
Reasons for Contesting a Traffic Fine
There are several valid reasons to contest a traffic fine (challan):
- Factual error: The fine may contain incorrect information about the vehicle registration number, date, time, or location of the alleged violation.
- Procedural error: The traffic police officer may not have followed the correct procedure when issuing the fine.
- Wrongful accusation: You may not have committed the violation you are being accused of.
- Technical glitch: In rare cases, a technical glitch in the e-challan system might lead to a mistaken fine.
How to Contest a Traffic Fine
There are multiple ways to contest a traffic fine:
- Online: The most convenient way to dispute a fine is through the Parivahan Sewa website or mobile app. Log in using your credentials, go to "Online Services", select "Traffic Challan", search for your fine using the fine or vehicle registration number, click "Dispute", explain why you believe the fine is wrong, upload any supporting documents, and submit your dispute.
- Offline: If you do not have access to the online portal, you can contest the fine in person. Visit the court mentioned on the fine, inquire about the process for contesting fines, and file a written petition explaining your reasons for contesting and attaching any supporting evidence.
- Legal notice: If the online redressal is not available or ineffective, serve a legal notice to the relevant Traffic Police Department or Transport Authority, outlining your reasons for disputing the fine.
Evidence
When contesting a traffic fine, it is important to gather evidence to strengthen your case. This could include witness statements, photographs, dashcam footage, or proof of your location at the time of the alleged violation.
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Grievances against judicial officers
In India, the judiciary is an independent organ of the State under the Constitution, and the government does not interfere in its functioning. The administrative and disciplinary control over the members of the subordinate judiciary in the states vest with the concerned High Court and the respective State Government. The State Government frames the rules and regulations in consultation with the respective High Courts.
As per the guidelines issued by the Supreme Court of India, grievances against Judicial Officers are required to be sent on a sworn affidavit with verifiable facts to the Registrar General of the concerned High Court. Petitions, applications, and other documents to be filed before a Court of Law should not be forwarded along with grievances. These are to be presented in person or by a duly authorized agent or advocate on record duly appointed for the purpose. As the judiciary is independent, the government does not interfere in its functioning and makes no further follow-up or correspondence after forwarding the grievance to the concerned High Court or Supreme Court. Citizens can lodge their grievances online, and no action is taken on grievances received through email.
It is important to note that the Central Government neither maintains records related to any court proceedings, decisions, or judgments nor has a mechanism to monitor the actions taken on them. Therefore, no administrative action can be taken on a grievance that is subjudice. The government cannot ask a Court of Law to expedite the proceedings of any particular case. Consequently, no action can be taken by the government in cases where there has been an inordinate delay in the disposal of the case. A judicial order can only be challenged before an appropriate Court of Law as per the prescribed legal procedure.
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Challenging a sales tax assessment
In India, the government does not interfere in the functioning of the judiciary. The administrative and disciplinary control over the members of the subordinate judiciary in the states vest with the concerned High Court and the respective State Government. The State Government frames the rules and regulations in consultation with the respective High Courts.
In the case of Shyam Das v. Regional Assistant Commissioner of Sales Tax, the Supreme Court of India offered a pivotal interpretation of "escaped assessment" under Section 11-A. This section allows tax authorities to assess unpaid or under-reported tax amounts within three years from the end of the relevant period. The three-year limitation applies only to turnovers that have genuinely escaped assessment, i.e., when no final assessment order exists. This judgment clarified the meaning of "escaped assessment", providing a clear understanding that it refers to turnovers not subjected to final assessment, ensuring that assessments cannot be arbitrarily time-barred.
In the case of Gannon Dunkerley and Co., the assessment of taxable turnover by the authorities was challenged in the Madras High Court. The company's business consisted mainly of executing contracts for the construction of buildings, bridges, dams, roads, and structural contracts. During the assessment year, the return made by the assesses showed as many as 47 contracts, most of which were building contracts. From the total amount received by the assesses, 20% and 30% were deducted for labour, and the balance was taken as the turnover and taxed accordingly. The company challenged the levying of sales tax on this balance, arguing that there was no sale of goods as understood in India, and therefore no sales tax could be levied on the amounts received by them from the persons for whose benefit they had constructed buildings. The High Court of Madras agreed with this submission, concluding that the transactions in question were not contracts for the sale of goods as defined under the provisions of the Sale of Goods Act, 1930, and therefore the assesses were not liable to pay sales tax on the amounts received.
To challenge a sales tax assessment in India, one can refer to the above cases and the respective judgments by the Supreme Court of India and the High Courts of India. One can also refer to the guidelines provided by the Department of Justice, which outline the process for filing petitions, applications, and grievances with the Court of Law.
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Petitioning under Article 32 of the Constitution
Article 32 of the Indian Constitution is a fundamental right that guarantees the right to constitutional remedies. It empowers individuals to seek legal remedies and protection of their fundamental rights directly from the Supreme Court of India.
Article 32 grants every individual the right to petition the Supreme Court for the enforcement of their fundamental rights. This means that if someone believes their fundamental rights have been violated, they can approach the Supreme Court directly for relief. The Supreme Court can dismiss a writ petition in the following circumstances: if a person files a writ petition in the Apex Court and the court dismisses it, the individual cannot file the same writ petition again in another court. However, if a person files a writ petition in the High Court and the court refuses their petition, they have the right to appeal to the Supreme Court under the principle of Natural Justice.
The writs issued under Article 32 include:
- Habeas Corpus: This writ provides a speedy remedy against illegal detention. The court directs the detaining authority to produce the detained person before the court to assess the legitimacy of the arrest or detention.
- Mandamus: This writ directs a public official or authority to perform a duty they are legally bound to perform.
- Quo Warranto: This writ can be issued when a public office of a substantive nature is in question. It cannot be issued against a private corporation or a Chief Minister if the petitioner cannot show that the minister is not properly appointed or qualified to hold office.
- Prohibition: This writ cannot be issued in the situation of a mistake of fact or law, or for administrative authorities discharging administrative, executive, or ministerial functions.
The Right to Constitutional Remedies under Article 32 serves as a bulwark against tyranny, state misconduct, and the infringement of fundamental rights. It promotes justice and equity by providing individuals with access to timely and effective remedies against injustice, oppression, or unlawful deprivation of rights.
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Frequently asked questions
If a late person promised to include someone in their will in exchange for services, it can be challenged under the Testamentary Promises Act/Law Reform Act. A legal spouse or civil partner can also contest a will under the equal-sharing rules of the Property (Relationships) Act, 1976.
Traffic challans can be issued electronically or offline by a traffic police officer. The process for contesting them might differ slightly depending on the type of challan. For complex cases or if you're unsure of the process, consider consulting a lawyer specializing in traffic law.
Yes, according to the case of Smt Ujjam Bai vs State Of U.P on 10 April 1962, an order of assessment made by an authority under a taxing statute can be challenged as repugnant to Article 19(1)(g) if it is based on a misconstruction of a provision of the Act.
According to the same case mentioned above, the validity of an order made under an Act that is Intra vires and good law in all respects cannot be questioned in a petition under Article 32 solely on the ground that the provisions of the Act have been misconstrued.
No, the government does not interfere in the functioning of the judiciary in India. The administrative and disciplinary control over the members of the subordinate judiciary in the states vest with the concerned High Court and the respective State Government.
