Difference Between Writ Jurisdiction of Supreme Court Vs. High Court

What is the Writ in the Indian Constitution?

A “writ” is a formal written order issued by a court, mainly the Supreme Court and High Court, instructing a person, a public authority, or a lower court to perform a specific action or to refrain from doing it. Writs form an important part of the separation of powers principle in the Indian Constitution, where the judiciary has the authority to review and remedy actions of the executive and legislative branches to ensure the rule of law. The provision helps to maintain the balance between citizens’ rights and the actions of government authorities....

Five Types of Writs in India Constitution

There are five types or nature of writs, these are as follows:...

Writ of Mandamus

The meaning of ‘Mandamus’ is ‘we command‘. This writ is issued by a higher court to a lower court, public authority, or individual, directing them to perform a specific legal duty they are obligated to fulfill. It ensures that public officials and authorities carry out their duties in accordance with the law. This writ can not be issued under following conditions:...

Writ of Habeas Corpus

‘Habeas corpus’ is a Latin term and the meaning of ‘Habeas corpus’ is ‘to have the body’. This writ protects the right to personal liberty. It is used to demand that an individual who is detained or imprisoned without lawful authority be presented before the court to verify the legality of the detention.This remedy is available not only against the state but also against the private individual. Generally while granting a writ of Habeas Corpus, the court will not award compensation but in some cases, Court can grant compensation to effectively enforce the right. This writ can not be issued under following conditions:...

Writ of Prohibition

It is a writ of preventive nature. This writ is issued by a higher court to a lower court, tribunal, or quasi-judicial body, prohibiting them from exercising jurisdiction beyond their legal authority or acting in excess of their powers. This writ can not be issued against any private individual, Legislative bodies or administrative authorities....

Writ of Certiorari

The meaning of ‘Certiorari’ is ‘to certify’. This writ is issued by a higher court to a lower court, tribunal, or quasi-judicial body, seeking to quash a particular order or decision if:...

Writ of Quo-Warranto

The meaning of ‘Quo-warranto’ is ‘What is your authority‘. This writ is used to question the legal right or authority of a person holding a public office, challenging their appointment or the legitimacy of their authority to occupy that position. If he has no authority then the person can be ousted from the office. Basically, this writ controls the executive action in the manner of making appointments to public offices. It is essential that the office must be a public office and not a private office. The holder. of the office must assert the claim of office by housing actual occupation....

What are Article 32 and Article 226?

There can be no right without an effective remedy. The fundamental rights guaranteed under the Constitution would be meaningless if the proper and effective mechanism for its enforcement is not provided. Constitution confers power on the courts to strike down the law which infringes fundamental rights. The importance of Article 32 can be seen from the fact that without this Article, the other fundamental rights would lose their very essence but it can be used against only violation of fundamental rights while Article 226 covers Fundamental rights as well as other purpose. Article 32 & 226 is the heart and soul of the Constitution....

Against Whom Writs can be Issued?

Some common entities against whom writs can be issued includes:...

Difference Between Writ Jurisdiction of Supreme Court Vs. High Court

The difference between the writ Jurisdiction of the Supreme Court and the High Court are as follows:...

MCQs or Quiz on Writs of Indian Constitution

1. Which writ is invoked to protect personal liberty and is often used to challenge illegal detention?...

Questions and Answers on Five Types of Writs of Indian Constitution

1. What are writs in the Indian Constitution?...