Who has the power to issue writs?

Key Points

• The Supreme Court of India has the power to issue writs for the enforcement of Fundamental Rights under Article 32 of the Constitution.
• The power to issue writs is a significant aspect of the judicial review process in India.
• Writs are extraordinary orders issued by the Supreme Court or High Courts to enforce constitutional rights, prevent abuse of power, or correct judicial errors.
• Writs that can be issued include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto.

Additional Information

• District Court
  • District Courts in India are the principal courts of original civil jurisdiction.
  • They do not have the power to issue writs.
• Metropolitan Court
  • Metropolitan Courts deal with criminal matters in metropolitan areas.
  • They also do not have the power to issue writs.
• Revenue Court
  • Revenue Courts deal with matters related to revenue, such as land revenue, tenancy, and agriculture-related issues.
  • They lack the authority to issue writs.
• Writs
  • Writs are formal written orders issued by a body with administrative or judicial jurisdiction.
  • Common writs include:
    • Habeas Corpus: Commands a person detaining another to produce the detainee before the court to examine the legality of the detention.
    • Mandamus: Orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do so.
    • Prohibition: Directs a subordinate to stop doing something the law prohibits.
    • Certiorari: Orders a lower court to deliver its record in a case so that the higher court may review it.
    • Quo-Warranto: Questions the legality of a person's claim to a public office.