By Aditya Singh Raghav
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Article
32 and Article 226 in the Indian Constitution provides power of issuing writs
to Supreme Court and High Courts respectively. When rights are provided to
citizens it becomes important to protect these rights which is done through
issue of a writ. Both the Supreme Court and High Courts are empowered to issue
writs to protect the Fundamental Rights of citizens given under Part 3 of the Constitution.
What is a Writ?
A
writ is an order in form of written command from Supreme Court or High Court
that commands for constitutional remedies for citizens when their fundamental
rights are violated. In common words writ is any legal document passed from an
authority under judicial and administrative capacity that orders a person or
entity to perform a specific action or deed. Writs provide constitutional
remedies to citizens of the country.
Difference in writ jurisdiction of the Supreme Court and High Courts
The Supreme Court can issue writs against a person residing within the territory of India and to any authority within India. High Courts have power to issue writs to any person or authority within its territory and also outside territorial jurisdiction if the matter is within its jurisdiction. So the scope of article 226 is wider than that of article 32.
Writs issued by the Supreme Court carries object of only enforcement of fundamental rights while High Courts can issue writs for enforcement of fundamental rights and also for other legal rights.
Right to move the Supreme Court is an absolute right and the Supreme Court cannot refuse to exercise its writ jurisdiction as it is guaranteed under the Constitution itself except in the case of suspension of this right under the Constitution. High Courts have wide power in terms of discretion and can refuse to issue writs.
Writ petition and filing
criteria
Writ
petition is an order by the higher court to a lower court directing it to act
accordingly or restrain them from doing something. A writ petition can be filled
under Article 226 in the High Courts and under Article 32 in the Supreme Court.
Any person whose fundamental rights have been violated can file a writ petition
in either of the courts. For matters other than fundamental rights, the
petition has to filed only in the High Courts.
An
appeal can be made to the Supreme Court if the party is not satisfied with any
High Court’s decision, but the party cannot appeal in the Supreme Court under
article 32 because such petition would be barred by res judicata (matter is
already decided) and a person appealing against the decision of the Supreme Court
in a High Court under article 226 will also be barred on the same basis.
Kinds of Writs under the Indian Constitution
Five kinds of writs have been provided in the Indian Constitution:
These writs are issued by the Supreme Court under article 32
and by the High Courts under article 226 of the Constitution. Judicial review
process is improved by the use of these writs. Mandamus is the most commonly
used writ for establishing a control over actions of administrative bodies.
Habeas corpus and quo warranto are issued only in specific circumstances. All
these writs are important and effective methods of enforcing the rights of the
citizens and compelling the authorities to work according to the provisions of
law and fulfill their duty.
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Aditya is a 2nd year law student at National Law University Delhi. An adventurous person, he actively participates in sports activities and loves to go trekking. He is a football fan and you can easily find him discussing football matches with his friends. His interests include Commercial Law, Constitutional Law, Criminal Law and Competition Law.
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