The Indian constitution provides the fundamental rights necessary for a dignified human life. These rights are safeguarded by specific provisions, enabling individuals to approach the court if their fundamental rights are infringed. These provisions, known as writs, are enumerated in the Indian Constitution. Article 32 confers writ jurisdiction on the Supreme Court, while Article 226 extends this jurisdiction to High Courts. This paper analyzes the writ jurisdiction of the Supreme Court, its scope, enforcement, and comparison with the writ jurisdiction of the High Court, along with landmark judgments.
A writ is a document or order issued by a court commanding an individual, official, or authority to do or refrain from doing something, thus providing constitutional remedies for fundamental rights violations. The five types of writs are:
Habeas Corpus
The term "Habeas Corpus" means "you may have the body." This writ is issued when a person is unlawfully detained, commanding the authority to produce the detained individual before the court. If the detention is found unjustified, the court can order the person's release and grant compensation.
Mandamus
The term "Mandamus" means "we command." This writ is issued to an inferior court or public authority to perform a public duty mandated by law. It cannot be issued against private bodies, the President, or Governors.
Prohibition
The term "Prohibition" means "to prohibit." This writ is issued by a superior court to prevent an inferior court or tribunal from exceeding its jurisdiction.
Certiorari
The term "Certiorari" means "to certify." This writ is issued by a superior court to quash an order passed by an inferior court or tribunal beyond its jurisdiction or violating natural justice principles.
Quo-Warranto
The term "Quo-Warranto" means "by what authority." This writ prevents a person from holding a public office without legal entitlement.
Article 32 of the Indian Constitution covers the writ jurisdiction of the Supreme Court, providing a remedy for the enforcement of fundamental rights. It is considered the soul and heart of the Constitution, allowing individuals to approach the Supreme Court for the protection of their fundamental rights.
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