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Jurisdiction of Supreme Court under Articl32

They are discretionary writs, but the principles for issuing such writs are well defined. In the preconstitutional era, the jurisdiction to issue the prerogative writs was enjoyed only by three chartered High Courts in India.

However, with the coming into force of the constitution, all the High Courts and the Supreme Court were conferred powers to issue those writs under Article 226 and Article 32, respectively, of the constitution. In regard to the writ jurisdiction, the High Courts in India are placed virtually in the same position as the courts of King's Bench in England.

It is a well-settled principle that the technicalities associated with the prerogative writs in English law have no role to play under our constitutional scheme. However, it is important to note that a writ of certiorari, which calls for records and examines them for passing appropriate orders, is issued by a superior court to an inferior court.

The inferior court certifies its records for examination. Certiorari lies to bring decisions of an inferior court, tribunal, public authority, or any other body of persons before the High Court. It is directed to an inferior court or tribunal or public authority, which forbids that court, tribunal, or authority to act in excess of its jurisdiction or contrary to law. Both certiorari and prohibition are employed for the control of District Courts, tribunals, and public authorities.

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