QUES . Compare the writ jurisdictions of the Supreme Court and the High Court. UPSC IES/ISS EXAM 2021 General Studies. 200 Words. 5 Marks
HINTS:
A writ can be termed as a formal written order issued by a judicial authority who possesses the authority to do so. The meaning of the word ‘Writs’ means command in writing in the name of the Court. It is a legal document issued by the court that orders a person or entity to perform a specific act or to cease performing a specific action or deed.
In India, writs are issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India. There are five types of writs issued in India – Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto.
A writ petition is an application filed before the competent Court requesting it to issue a specific writ.
Writ jurisdictions of the Supreme Court and High Court Compared
Supreme Court has broader territorial jurisdiction and can issue writ all over India. High Court have narrower territorial jurisdiction as they can issue a writ only in its local jurisdiction.
Supreme court has a narrower scope to issue writs since they can issue writs only for enforcing Fundamental Rights. The High courts have a wider scope to issue writs since they can issue the writ to enforce both fundamental as well as legal rights.
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Supreme Court cannot refuse to issue writ since Article 32 is a fundamental right. On the other hand High Court has discretionary power to issue writ, thus, it can refuse to issue writ.
Article 32 can be suspended in case an emergency has been declared by the President. Article 226 cannot be suspended even when an emergency has been declared in the State.
Both Article 32 and 226 provides means to enforce Fundamental Rights provided under the Indian Constitution. Any person whose Fundamental Rights is aggreived can file a writ in Supreme Court or High Court. Thus, writs ensure that the rights of the citizens are protected and provisions of the constitution are enforced.
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