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Alternative Remedy Rule

Constitutional & Public Law Doctrines

Definition

A self-imposed prudential limitation where constitutional courts decline to exercise discretionary writ jurisdiction under Article 226 if an effective, equally efficacious statutory remedy (such as a statutory appellate tribunal) is available to the petitioner.

Example

A business receives an adverse tax assessment order and approaches the High Court directly via a writ instead of filing a first appeal before the Commissioner of Income Tax (Appeals); the court dismisses the writ, directing the petitioner to pursue the statutory appellate remedy.