Writ Jurisdiction
/rɪt dʒʊərɪsˈdɪkʃən/
Constitutional Law Term
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Definition
The power of superior courts to issue prerogative writs for enforcement of fundamental rights and other legal rights. The Supreme Court issues writs under Article 32 (for enforcement of fundamental rights — itself a fundamental right). High Courts issue writs under Article 226 (wider power — both fundamental rights and other legal rights). Five writs: Habeas Corpus (produce the body), Mandamus (command to perform public duty), Certiorari (quash illegal orders), Prohibition (stop proceedings), and Quo Warranto (challenge authority to hold office).
Examples
Case Study
In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that Articles 32 and 226 confer writ jurisdiction that is part of the basic structure — it cannot be ousted even by constitutional amendment or tribunal legislation. This prevents Parliament from creating tribunals that are immune from writ court oversight.
Key Cases
L. Chandra Kumar v. Union of India
1997(1997) 3 SCC 261
Writ jurisdiction under Articles 32 and 226 is part of the basic structure. Cannot be ousted by Parliament. High Court oversight of all tribunals is constitutionally guaranteed.
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