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    Writ Jurisdiction of Supreme Court and High Court

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    Souhardya Roy

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    Writ Jurisdiction of Supreme Court and High Court

    Uploaded by

    Souhardya Roy
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    Writ Jurisdiction of Supreme Court and High Court

    Uploaded by

    Souhardya Roy

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Writ Jurisdiction of Supreme Court and High Court – Types of Writs and Scope

    A writ is a directive issued by the Supreme Court and High Courts in India to carry out their directives
    for the enforcement of the fundamental right and/or legal right of the affected person. The Supreme
    Court can issue writs under Article 32 of the Constitution while the High Courts can issue writs under
    Article 226 of the Constitution. The different types of writs and their scope are explained below.

    How is the Writ Jurisdiction of High Courts Wider than the Supreme Court?

    The Supreme Court can issue writs only for the enforcement of fundamental rights under Article 32,
    whereas, the High Courts can issue writs for the enforcement of fundamental rights as well as for
    any other purpose i.e. enforcement of ordinary legal rights as well. This makes their writs jurisdiction
    wider. However, the territorial jurisdiction of the writs issued by the Supreme Court is applicable
    throughout the country while the writs issued by the High Court have validity only in the territory
    under the authority of the High Court or where the cause of action has arisen.
    Types of Writs

    Habeas Corpus

    A writ of Habeas Corpus is used by the courts to find out if a person has been illegally detained. If the
    answer is yes, the court can order for his release. If a person has been illegally detained, he himself,
    a friend or even a relative can file a writ of Habeas Corpus. Habeas Corpus is Latin for ‘Let us have
    the body’ (or, let us see the person who has been illegally detained). Through Habeas Corpus, the
    court can thus also summon the person detained or imprisoned to the court.

    To file a Habeas Corpus petition


    Although generally a petition is to be filed by the person being detained or arrested, as per Habeas
    Corpus, any other person can do it on behalf of the detained individual. This writ (written petition)
    can be issued against a public authority or any particular individual.

    Mandamus

    A writ of Mandamus is issued by a higher court to a lower court, tribunal or a public authority to
    perform an act which such a lower court is bound to perform. If a public official is not performing his
    duty, the court can order it or him/her to do that. Mandamus means we command.

    To file a Mandamus petition

    Mandamus or the ‘we command’ writ can be issued against anyone, including the president or
    governor of the state, a private person or chief justice. Any individual or a private body can file a writ
    petition of mandamus, subject to the person/persons having legal rights to do so, in the matter
    concerned.

    Prohibition:

    A writ of prohibition, also known as a ‘stay order’, is issued to a lower court or a body to stop acting
    beyond its powers.

    While a writ of mandamus is issued for any activity that is not legal, the writ of petition is issued
    against the lower courts, such as magistrates and commissions, for inactivity in the matter of
    concern. The High Court and Supreme Court can issue the Writ of Prohibition.

    Writ of Certiorari:

    The writ of Certiorari is issued by the Supreme Court to a Lower Court or any other body to transfer
    a particular matter to the higher courts than itself. The Writ of Certiorari is issued by the high court
    to the lower courts or tribunal, when an error of jurisdiction or law is believed to be committed.
    Writ of Certiorari is a curative writ.

    Quo Warranto

    The writ of Quo Warranto (by what warrant) is issued to inquire about the legality of a claim by a
    person or authority to act in a public office, which he or she is not entitled to. The writ is only for the
    public offices and does not include private institutions/offices.

    A writ can be filed only if your fundamental rights are being violated. Generally, you can file a writ
    petition against state and government agencies. However, a writ Petition can also be issued against
    private authorities when they are discharging public functions.

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