Writ Jurisdiction of Supreme Court of India

The Supreme Court of India is the highest judicial authority in the country and the guardian of the Constitution. It has the power to issue writs, which are orders or commands from the court to enforce or protect the fundamental rights of the citizens. The writ jurisdiction of the Supreme Court is derived from Article 32 of the Constitution, which states that:

The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

This Part refers to Part III of the Constitution, which contains the fundamental rights. Thus, Article 32 gives extensive original jurisdiction to the Supreme Court to issue writs for the enforcement of fundamental rights. The Supreme Court can issue five types of writs: habeas corpus, mandamus, quo warranto, prohibition, and certiorari. These writs are explained below:

Habeas Corpus

Habeas corpus means “to have the body”. It is a writ issued by the court to a person who has detained another person unlawfully, to produce the body of the detainee before the court and justify the detention. The purpose of this writ is to secure the liberty of a person and protect him or her from illegal confinement. The writ can be issued against both public authorities and private individuals. The writ can be filed by the detainee himself or herself or by any other person on his or her behalf.

Mandamus

Mandamus means “we command”. It is a writ issued by the court to a public authority or a lower court to perform a public duty that it has failed or refused to perform. The purpose of this writ is to ensure that public authorities act according to the law and do not abuse their power. The writ can be issued only when there is a legal right and a corresponding legal duty, and when there is no other adequate remedy available.

Quo Warranto

Quo warranto means “by what authority”. It is a writ issued by the court to a person who holds a public office or position, to show by what authority he or she occupies that office or position. The purpose of this writ is to prevent illegal usurpation of public offices and to protect the public interest. The writ can be issued only when there is a substantial question of law involved and when the office or position is of a public nature.

Prohibition

Prohibition means “to forbid”. It is a writ issued by the court to a lower court or a tribunal, to stop it from proceeding with a case that is beyond its jurisdiction or in violation of the principles of natural justice. The purpose of this writ is to prevent inferior courts or tribunals from exceeding their authority and encroaching on the jurisdiction of higher courts. The writ can be issued only when the case is still pending before the lower court or tribunal and not after it has passed an order or judgment.

Certiorari

Certiorari means “to be certified”. It is a writ issued by the court to a lower court or a tribunal, to quash an order or judgment that is illegal, erroneous, or unconstitutional. The purpose of this writ is to correct the errors of inferior courts or tribunals and to ensure uniformity and consistency in judicial decisions. The writ can be issued only when there is an error of law apparent on the face of the record and when there is no other adequate remedy available.

Difference between Writ Jurisdiction of Supreme Court and High Courts

The Supreme Court and High Courts have concurrent jurisdiction to issue writs for the enforcement of fundamental rights under Article 32 and Article 226 respectively. However, there are some differences between them:

• Article 32 is itself a fundamental right and hence cannot be suspended except during an emergency under Article 359, whereas Article 226 is not a fundamental right and hence can be suspended during an emergency.
• Article 32 can be invoked only for the violation of fundamental rights, whereas Article 226 can be invoked for any other purpose as well, such as violation of legal rights or statutory rights.
• Article 32 gives discretion to the Supreme Court to issue any appropriate order or direction for enforcing fundamental rights, whereas Article 226 gives discretion to High Courts to issue any order or direction for any purpose.
• Article 32 confers original jurisdiction on the Supreme Court, whereas Article 226 confers original as well as appellate jurisdiction on High Courts.

Conclusion

The writ jurisdiction of the Supreme Court of India is an important feature of Indian constitutional law that empowers the court to protect and enforce the fundamental rights of the citizens. The Supreme Court can issue five types of writs: habeas corpus, mandamus, quo warranto, prohibition, and certiorari, depending on the nature and circumstances of the case. The writ jurisdiction of the Supreme Court is concurrent with that of High Courts, but there are some differences between them. The writ jurisdiction of the Supreme Court is a part of the basic structure of the Constitution and cannot be amended or abrogated by any authority.