Ensured by supreme court, high court and lower courts. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. The high courts have wider powers as to compare to supreme court in issuing writs. Under supreme court rules, 1966 such a petition is to be filed within thirty days from the date of judgment or order and as far as practicable. This article will mention the types of writs that come under the original jurisdiction of the supreme court and high courts, forming an important part of upsc mains gsii and political science optional. Types of writs in indian constitution polity notes. A case of mtp beyond 20 weeks on mental health ground preprint pdf available april. Vidhis report on the karnataka high courts writ jurisdiction is based on a data driven study of writ petitions filed before the court across a period of five years before the bengaluru bench 20122016 and three years before the dharwad and kalaburgi benches 20142016.
The attornery general of ministry of justice, new kent building, p. Article 321 guarantee a person the right to move the supreme court for the enforcement of fundamental rights guaranteed by part iii of the constitution. High court can issue writs against a person residing or any authority within its territorial jurisdiction or outside of the territorial jurisdiction if the cause of action is within its territorial jurisdiction. It reads, notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases any government, within those territories. The data has been studied to understand the nature of writ. Writ jurisdiction of high court article 226 every high court can issue writs including habeas corpus,mandamus, certiorari, prohibition and quowarrento for the enforcement of any of the rights conferred by part iii and for any other purpose. No writ of civil imprisonment for nonpayment or nonsatisfaction of any judgment or decree shall be granted or issued by the high court in cases in which the person against whom such writ of civil imprisonment is sought to be issued proves to the satisfaction of the court that he does not have property or.
Article 226 empowers the high court with writ jurisdiction for the enforcement of fundamental rights as well as any other matter within the territory of its jurisdiction. The high court of zambia is established under the constitution of zambia and the high court act, chapter 27 of the laws of zambia. The parliament may make a provision for a common high court for two or more states or extend the jurisdiction of a high court to one or more union territories. Writ petition can be entertained in a contractual matter with a government organisation, even though there an arbitration clause in the contract in a case where the state has acted in a totally illegal way, violating a statute and without jurisdiction says high court of uttarakhand in a judgement dated. Writ jurisdiction of supreme court and high courts syskool.
Free format of writ petition form pdf form download. Writ jurisdiction available even in contracts with. Pdf division bench of bombay high court observed that this petition is really an abuse of the process of this court for we find that this. Free format of writ petition form pdf template form. The basic purpose of writs is to supply the defects of justice and for that matter while exercising the writ jurisdiction the court has to examine the application of law. Article 321 guarantee a person the right to move the supreme court for the enforcement of fundamental rights guaranteed by part iii.
Similarly, it has to enforce the law and not to enact law. Jan 14, 2019 the writ of certiorari is issued by the high court or the supreme court to the judicial or quasijudicial authorities when such authority passes the order without having jurisdiction in such case, exceeding the jurisdiction conferred upon it, or when it violates the principle of natural justice. State of jammu and kashmir through chief secretary r. Antonio ventriglia and attorney general plaintiff defendant to.
Powers and functions of the high court in india indian. She has also argued for transparency in the procedure for designating senior advocates. A writ is a discretionary remedy and the high court can refuse it on the ground of acquiescence, laches delay, available alternative remedy and. Aug 05, 2002 the extraordinary jurisdiction of the high court under article 226 cannot be reduced to an ordinary jurisdiction of the high court. Different types of writs and writ jurisdiction of high courts. One can file a writ petition in the high court article 226 or the supreme court article 32 of india when any of your fundamental rights are violated. The allahabad high court recently had occasion to reiterate that the courts extraordinary writ jurisdiction under article 226 of the constitution cannot be invoked in purely contractual matters that only involve private rights. Stephens hospital society a registered society having its office at. Article 32 of the constitution of india empowers the supreme court to issue orders and writs to safeguard the fundamental rights guaranteed under part iii of the. Recently in 2017, the honble court issued guidelines in this case, elaborating on the criteria to be followed while designating an advocate as a senior. The jurisdiction of calcutta high court extends to the andaman and nicobar islands. Firstly, the writ of certiorari is an exercise of its original jurisdiction article 226 by the high court. The same jurisdiction may be exercised by the high courts.
To enforce fundamental rights fr or any other right. Writ jurisdiction of supreme court and high court types of. Writ petition under arts 226 and 227 of the constitution. It has both appellate and original jurisdiction, i. It is a piece of general investigative jurisdiction of the high court however the jurisdiction is entirely limited by the terms of s. The court has to see the conduct of the body or authority whose actions are under challenge before the court. This power is conferred to supreme court by article 32 and to high courts by article 226. A court publishes a writ which is a formal written order. Writ of summons for issue from the principal registry in the high court for zambia at the prinicpal registry holden at lusaka civil jurisdiction etween. Jurisdiction of high courts in indian states gktoday. A study of karnataka high courts writ jurisdiction. May 12, 2019 the allahabad high court recently had occasion to reiterate that the courts extraordinary writ jurisdiction under article 226 of the constitution cannot be invoked in purely contractual matters that only involve private rights. A writ is a directive issued by the supreme court and high courts in india to carry out their directives for the enforcement of the fundamental right andor legal right of the affected person. It has original cases can begin in the high court and unlimited the court can hear any type of case except those specifically excluded by the constitution or statute jurisdiction power.
Of 2018 under article 32 of the constitution of india in the matter of. Rani bhatia senior specialist psychiatry b22092, vasant kunj, new delhi110070 petitioner versus 1. In the high court of delhi at new delhi civil writ jurisdiction civil w. Jurisdiction and powers of the high court india explained.
Constitution are the writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto. Jan 18, 2019 indian constitution has guaranteed certain fundamental rights to its citizens as enunciated in part iii therein which includes a right to approach the supreme court for a writ under article 32. Difference between writ jurisdiction of the high court and the supreme court the constitution of india has given the power to issue writs to the supreme court in article 32. Though revisional jurisdiction is just a piece of red rafting jurisdiction, it cant be likened with full that of an undeniable appeal. It can be filed where no appeal is preferred or in case there is no provision for appeal. Issued in cases where is excess of jurisdiction and where there is. The jurisdiction conferred by the constitution on all jurisdiction. Indian constitution has guaranteed certain fundamental rights to its citizens as enunciated in part iii therein which includes a right to approach the supreme court for a writ under article 32. Writ petition under arts 226 and 227 of the constitution of india.
Supreme court of india original writ jurisdiction public. Notwithstanding anything in article 32 every high court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any. The high court of a state enjoys certain jurisdictions throughout the state. High court exercised its jurisdiction, to any person or authority includ ing in appropriate. A wider writs jurisdiction is conferred on high courts by article 226 of the constitution. Finally, the article summarizes general conclusions making an overall. The high courts are vested with writ jurisdiction under articles 226 and 227 to issue a writ in the nature of habeas corpus, mandamus, prohibitory. The writ of certiorari is issued by the high court or the supreme court to the judicial or quasijudicial authorities when such authority passes the order without having jurisdiction in such case, exceeding the jurisdiction conferred upon it, or when it violates the principle of natural justice. Greenpeace india society petitioner versus union of india respondents notice of motion to, the standing counsel, union of india, chamber nos. Apr 02, 2020 the writ jurisdiction of supreme court is mentioned under article 32 of the indian constitution, while the writ jurisdiction of high courts is mentioned under article 226 of the indian constitution. In the high court at calcutta constitutional writ jurisdiction appellate side present. Writ jurisdiction of supreme court of bangladesh to protect. Pdf independence of judiciary in india writ jurisdiction.
Respondents j u d g m e n t dipak misra, cji for himself and a. The high courts can issue writs to any governmental authority outside their territorial jurisdiction, provided the cause of action arises in whole or in part within their territorial jurisdiction. Writ jurisdiction of supreme court and high court types. The extraordinary jurisdiction of the high court under article 226 cannot be reduced to an ordinary jurisdiction of the high court. Supreme court can issue writs against a person residing or any authority within the territory of india. Article 226 in the constitution of india 1949 indian kanoon. The supreme court can issue writs under article 32 of the constitution while the high courts can issue writs under article 226 of the constitution. Pdf abuse of the process of law in writ jurisdiction of.
The difference between supreme court article 32 and high court article 226 is that while supreme court can issue writs only for enforcement of fundamental rights, high. Writ jurisdiction of high courts the financial express. Fatehpal singh singh ro panchkula petitioner versus 1. Role of writs in administrative law legal service india. A writ will not ordinarily be issued by the court where the. Article 226 of the constitution vests in the high court the power to issue writs for the restoration of fundamental rights. The high court is made up of the court of appeal and the court of first instance. The supreme court or the high court issues any warrant, orders, directions, and so on. Bar council of india through its chairman new delhi. Writ jurisdiction is exercised by the supreme court and the high courts only. This power is wider in case of high courts as the supreme court has restricted powers when it comes to issuing writs. High courts have powers to issue writs under article226.
Articles 226 and 227 of the constitution of india their scope. In any case in which the high court may exercise jurisdiction founded on or confirmed by the arrest of any person or the attachment of any property, the high court may permit or direct the issue of process, within such period as the court may specify, for service either in or outside zimbabwe without ordering such arrest or attach ment, if the. The court has to enforce the right and not to create a right. A writ is a formal written order issued by a government entity and this government entity is mostly the court in the name of the sovereign power. The article portrays writ jurisdiction of the supreme court of bangladesh, comprising of the high court division and the appellate division, to be given in the nature of orders under the 1972 constitution and the code of criminal procedure, 1898. Pdf abuse of the process of law in writ jurisdiction of high court.