Writ Jurisdiction Of Courts In India
According to Articles 12-35 of the Indian Constitution, every citizen is given a
number of essential rights. Granting fundamental rights is necessary, but it is
also necessary to protect them. As a result, the Indian Constitution's Article
32 provides a remedy for the protection of fundamental rights by allowing the
Supreme Court to issue writs when a citizen's basic rights are violated and to
the High Court under Article 226 of the Constitution.
Writs were once known as prerogative writs because the crown used them to make
decisions in extreme circumstances. The judicial and administrative systems of
today do not employ this language. The prerogative writs are what are known as
Writs in India.
A writ is a directive or order issued by a higher court requiring someone to
carry out or refrain from carrying out a certain action. Any person may submit a
writ petition when the state violates one of their fundamental rights. According
to common law, a writ is the formal written order given by a body with
administrative or judicial power. In India, a court, which includes the Supreme
Court and High Courts, is the entity that issues such writs.
It upholds the impacted person's fundamental rights and legal rights. A person
has the fundamental right to raise the court's notice to any complaint or
grievance they may have over any administrative action. The safeguarding of
natural justice and the protection of fundamental rights are the two most
important elements of writ jurisdictions.
Pronouncing the authority of Supreme Court in matters concerning writ
jurisdiction, clause (1) and (2) of Article 32 of the Caonstitution of India
- The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed
- The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be appropriate, for
the enforcement of any of the rights conferred by this Part
In the case of L.Chandra Kumar v. Union of India,
1997, the Hon'ble
Supreme Court ruled that the Supreme Court's authority to issue writs to Indian
citizens in order to uphold their fundamental rights is an aspect of the basic
structure concept and that, as a result, this power can never be amended or
The fundamental rights of citizens are guarded by the Supreme Court. It is
regarded as the "guarantor" and "defender" of India's people' fundamental
rights. It has the authority to issue the following five writs: prohibition, quo
warranto, certiorari, quo warranto, and habeas corpus.
The only courts with the authority to exercise writ jurisdiction are the Supreme
Court and the High Courts. While article 32 grants it to the Supreme Court,
article 226 grants it to the high courts.
Whereas Article 226(1) of the Constitution of India lays down the jurisdiction
of writ with respect to the High Courts in India.
Power of High Courts to issue certain writs:
- Notwithstanding anything in Article 32 every High Court shall have
powers, throughout the territories in relation to which it exercises
jurisdiction, to issue to any person or authority, including in appropriate
cases, any Government, within those territories, directions, orders or writs
for the enforcement of any of the rights conferred by Part III and for any
The High Courts have additional powers in addition to issuing writs to uphold
basic rights. They have more authority in this situation than the Supreme Court.
Additionally, unlike the Supreme Court, which must issue writs when fundamental
rights are violated, the High Court has discretion when granting writs.
Writs are orders given by courts to uphold people's basic rights (citizens or
aliens). In this regard, the Supreme Court has original jurisdiction in the
sense that a person who feels wronged can approach the Supreme Court directly,
rather than always through an appeal. The Supreme Court's writ jurisdiction is
not, however, sole. The High Courts also have the authority to issue writs to
enact the Fundamental Rights.
The Constitution of India recognises five different sorts of writs.
The five categories of writs are as under:
Habeas Corpus is a Latin phrase that translates to "to produce the body." For
instance, the court may issue a writ of habeas corpus requiring the corpse to be
presented within 24 hours if a person is being imprisoned unlawfully in order to
give them the chance to prove their innocence. If he is found to be innocent, he
ought to be let go. If not, he will be sent in prison.
The Latin word for "command" is "mandamus." It cannot be given in the case of a
private individual or business. The higher courts issue writs of mandamus to
monitor public servants and determine whether they are adequately discharging
their duties. If they don't, they are asked to do their assignment or stop
acting in a certain way.
A legal term with the meaning "to prohibit, restrain, hinder, or forbid" is
"prohibition." In order to prevent the subordinate court from acting outside of
its mandated jurisdiction or exceeding its authority, the higher court issues a
writ of prohibition against it. It cannot be applied to statutory bodies,
administrative agencies, or private individuals or businesses. Only judicial and
quasi-judicial organisations are subject to it.
Exact definition of Quo Warranto is "by what authority or warrant." Anyone other
than the party who was offended is given the right to seek redress under this
writ. The ministerial office cannot be the target of it. This writ is used to
determine who has the legal authority to hold a public office in the event of a
The Latin word certiorari, which meaning "certified," is used. The High Court or
Supreme Court will issue this writ against a lower court or tribunal in order to
transfer the matter to another superior body for careful consideration. In other
words, it is a review of the lower court's judgement or an appeal from that
The Supreme Court has broad original jurisdiction under the Constitution to
uphold fundamental rights. These writs, including writs to execute them, may be
issued by it. In the case of the Supreme Court and lower courts, the High Courts
have the authority to ordain the transfer of any civil or criminal case from one
State High Court to another State High Court or from a Court Subordinate to
another State High Court (in case of High Courts).
The Supreme Court may withdraw a case or cases pending before the High Court or
High Courts and resolve all such cases itself if it is satisfied that cases
involving the same or substantially the same legal questions are pending before
it and one or more High Courts or before two or more High Courts and that these
questions are significant questions of general importance. In order to advance
the cases before the lower courts, the High Courts also have the same authority.
Therefore, it may eventually be determined that the Indian Constitution not only
offers its inhabitants a variety of ways to freely enjoy their rights, but also
a variety of ways to protect those rights. Additionally, it can be deduced that
the Indian Constitution has created the nation's judicial framework and
structure in such a delicate and exact way that it gives the higher judiciary a
significant amount of power and authority for the protection of individuals'
freedom and dignity, as well as for upholding the principles of democracy in
their purest form.
- India Const. art. 32, 1.
- India Const. art. 32, 2.
- L. Chandra Kumar v. Union of India, (1997) 3 SCC 261.
- India Const. art. 226, 1.
To File Writ in Supreme Court of India
Call at ph no: 9650499965 / or