Writ Jurisdiction of High Courts

Context- The Allahabad High Court recently declined to exercise its writ jurisdiction in a petition seeking enforcement of a Supreme Court order.

About Writ Jurisdiction of High Courts: 

• According to Articles 12 to 35 of the Constitution of India, every citizen has certain fundamental rights. 
• Articles 32 and 226 provide a legal remedy for the protection of fundamental rights by empowering the Supreme Court and high courts to issue orders when the fundamental rights of a citizen are violated. 
• It allows courts to issue formal orders to public authorities in cases where public authorities or public bodies violate fundamental rights. 
•  Article 226 empowers the High Court to issue orders to enforce not only fundamental rights but also  other statutory rights. 
• Thus, the jurisdiction of the High Court is wider than that of the Supreme Court because the SC can only issue orders to enforce fundamental rights under Article 32. 
• The remedy under Article 226 of the Constitution is at the discretion of the court and thus cannot be relied upon as a remedy. 
• Thus, unlike the Supreme Court, which must issue petitions in case of violation of fundamental rights (because the right to appeal to the SC in case of  violation of fundamental rights is a fundamental right in itself), the Supreme Court has discretion when issuing orders Under Article 226, a writ petition may be filed in any High Court within whose jurisdiction the suit arose either in whole or in part.  
• It does not matter whether the institution against which the application is made is located in the area or not. 

Types of Scriptures Mentioned in Constitution of India: 

• Habeas Corpus: 

• • • “Habeas Corpus” literally means “possession of the body”. 
    • This order will release a person illegally arrested or imprisoned. 
    • Based on this judgment, the court orders that the person thus arrested be brought before it to verify the legality of the arrest. 
    • If the court finds that the arrest was illegal, it orders that the person be released immediately. 

• Mandamus: 

• • • Mandamus means “we command”. 
    • The court gave authority to direct him to perform  legal duties which he failed to perform or refused to perform. 
    • It can be issued by a court against a public official, a public company, a tribunal, a lower court or the government.  
    • It cannot be issued to any individual or institution, the President or the Governors of the States or the sitting Chief Justice. 

• Prohibition: 

• • • An appellate court or a supreme court empowers a lower court or an arbitral tribunal to prevent them from exceeding their jurisdiction which is not given to them by law. 
    • It cannot be applied to legal bodies, administrative bodies or individuals or companies.
    • This applies only to the judicial and non-judicial organizations.

• Certiorari: 

• • • It is given by a Court of Appeal or Supreme Court to a legal or judicial authority, if that authority passes an order without jurisdiction in such a case, more than the jurisdiction vested in it or in violation of the principle of natural justice. 
    • Against a lower court, the case is transferred to another higher body for a thorough review. 

• Quo Warranty: 

• • It is issued by a court to verify the legality of a claim submitted by a person in public office.  
  • The Ministry cannot be its object.
  • This decision is used to determine who has the legal authority to hold  public office in the event of a disagreement.

Source: Indian Express

Practice question:

Q. In India, which of the following statements is correct regarding the writ jurisdiction of High Courts and the Supreme Court?

1. High Courts can issue writs only for the enforcement of fundamental rights, while the Supreme Court can issue writs for any purpose.
2. High Courts can issue writs within their territorial jurisdiction, while the Supreme Court can issue writs throughout the country.
3. High Courts can issue writs only against government authorities, while the Supreme Court can issue writs against both government and private entities.
4. High Courts and the Supreme Court have the same writ jurisdiction, and there is no difference between them.

 

Download as PDF