Question-: What is Writ Jurisdiction? Explain how writ jurisdiction of High courts is wider than supreme court.
Answer: Writs are written orders issued by the Supreme Court or a High Court directing constitutional remedies for Indian citizens who have had their fundamental rights violated.
Type of writs
- Habeas Corpus
- The power to issue prerogative writs has been granted by the Constitution under Article 226 to the High Courts and to the Supreme Court under Article 32.
- To protect Fundamental Rightsthe Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated.
Wider jurisdiction of high court
- High Courts have powers to issue writs under Article 226 of the Constitution to enforce any Fundamental Rights (FRs) or any other Legal Right.
- Whereas, it is the duty of the Supreme Court to issue an appropriate writ to enforce any of the FRs under Article 32 of the Constitution.
Thus, the power to grant writs is one of the most important powers granted to the High Courts and the Supreme court. Writs protect the rights of the citizens by providing a faster remedy, thereby upholding the principles of democracy by providing quick justice.
Tags: GS 2 (Constitution)
By – Prashant Tiwari