Writ Jurisdiction of Supreme Court
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Do you know what writs are and how they can help you protect your fundamental rights? If not, then you are in the right place. In this blog post, I will explain everything you need to know about writ jurisdiction of Supreme Court, the different types of writs, and how to use them to seek justice.
What is writ jurisdiction?
Writ jurisdiction is the power of the Supreme Court to issue orders or commands to any person, authority, or court to enforce the fundamental rights guaranteed by the Constitution of India. The Supreme Court can issue five types of writs: habeas corpus, mandamus, quo warranto, certiorari, and prohibition. These writs are also known as prerogative writs because they are issued by the highest court in the country.
Why is writ jurisdiction important?
Writ jurisdiction is important because it enables you to challenge any violation of your fundamental rights by any person, authority, or court. It also allows you to question the legality of any public office or position held by any person. It also empowers you to transfer any case from a lower court or tribunal to the Supreme Court for review. It also prevents any lower court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice.
What are the different types of writs?
Let’s take a look at each type of writ and understand what they mean and when they can be issued.
Writ of habeas corpus
Habeas corpus means “you may have the body”. This writ is issued to release a person who is illegally detained or imprisoned by any authority. The Supreme Court can order the authority to produce the person before the court and justify the detention. If the detention is found to be unlawful, the person is set free.
When can you file a writ of habeas corpus?
You can file a writ petition of habeas corpus in the Supreme Court if you are arrested or detained without any valid reason or warrant. You can also file it if you are denied bail or parole by any authority. You can also file it if you are subjected to torture or inhuman treatment by any authority.
How does a writ of habeas corpus work?
A writ petition of habeas corpus is filed in the Supreme Court either by the person who is detained or by any other person on his or her behalf. The petition contains all the details of the detention and the grounds for challenging it. The Supreme Court then issues a notice to the authority who has detained the person and asks them to produce the person before the court on a specified date and time. The authority has to comply with the notice and bring the person before the court. The court then hears both sides and decides whether the detention is lawful or not. If the court finds that the detention is unlawful, it orders the release of the person immediately.
Writ of mandamus
Mandamus means “we command”. This writ is issued to direct any public authority or official to perform a duty that they are legally bound to do. The Supreme Court can order the authority or official to act or refrain from acting in a certain way.
When can you file a writ of mandamus?
You can file a writ petition of mandamus in the Supreme Court if any public authority or official fails to perform a duty that they are legally bound to do. You can also file it if any public authority or official acts in an arbitrary or biased manner. You can also file it if any public authority or official violates your fundamental rights.
How does a writ of mandamus work?
A writ petition of mandamus is filed in the Supreme Court by the person who is aggrieved by the inaction or action of any public authority or official. The petition contains all the details of the duty that has not been performed or has been performed wrongly and the grounds for seeking relief. The Supreme Court then issues a notice to the authority or official who is responsible for performing the duty and asks them to show cause why they should not be directed to do so. The authority or official has to reply to the notice and explain their reasons for not performing or performing wrongly. The court then hears both sides and decides whether to issue a writ of mandamus or not. If the court issues a writ of mandamus, it orders the authority or official to perform or stop performing as directed by it.
Writ of quo warranto
Quo warranto means “by what authority”. This writ is issued to challenge the legality of a person holding a public office or position. The Supreme Court can order the person to show by what authority he or she occupies the office or position. If the person fails to prove his or her eligibility or qualification, he or she is removed from the office or position.
When can you file a writ of quo warranto?
You can file a writ petition of quo warranto in the Supreme Court if you suspect that a person holding a public office or position is not qualified or eligible to do so. You can also file it if you think that a person holding a public office or position has obtained it by fraud or corruption. You can also file it if you believe that a person holding a public office or position is abusing his or her powers.
How does a writ of quo warranto work?
A writ petition of quo warranto is filed in the Supreme Court by any person who has an interest in the matter. The petition contains all the details of the office or position held by the person and the grounds for challenging it. The Supreme Court then issues a notice to the person who holds the office or position and asks him or her to show by what authority he or she occupies it. The person has to reply to the notice and prove his or her eligibility or qualification. The court then hears both sides and decides whether to issue a writ of quo warranto or not. If the court issues a writ of quo warranto, it orders the person to vacate the office or position immediately.
Writ of certiorari
Certiorari means “to be certified”. This writ is issued to transfer a case from a lower court or tribunal to the Supreme Court for review. The Supreme Court can quash or modify the order or judgment passed by the lower court or tribunal if it finds any error of law, jurisdiction, or procedure.
When can you file a writ of certiorari?
You can file a writ petition of certiorari in the Supreme Court if you are aggrieved by the order or judgment of any lower court or tribunal. You can also file it if you think that the lower court or tribunal has exceeded its jurisdiction or acted contrary to the rules of natural justice. You can also file it if you feel that the lower court or tribunal has made an error of law, jurisdiction, or procedure.
How does a writ of certiorari work?
A writ petition of certiorari is filed in the Supreme Court by the person who is affected by the order or judgment of any lower court or tribunal. The petition contains all the details of the case and the grounds for seeking review. The Supreme Court then issues a notice to the lower court or tribunal and asks them to send the record of the case to it. The lower court or tribunal has to comply with the notice and send the record of the case to the Supreme Court. The Supreme Court then examines the record and decides whether to issue a writ of certiorari or not. If the Supreme Court issues a writ of certiorari, it transfers the case from the lower court or tribunal to itself and reviews it. It can then quash or modify the order or judgment as it deems fit.
Writ of prohibition
Prohibition means “to forbid”. This writ is issued to prevent a lower court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice. The Supreme Court can stop the lower court or tribunal from proceeding with a case that falls outside its jurisdiction or violates the principles of fair trial.
When can you file a writ of prohibition?
You can file a writ petition of prohibition in the Supreme Court if you think that any lower court or tribunal is going beyond its jurisdiction or acting against the rules of natural justice. You can also file it if you believe that any lower court or tribunal is dealing with a matter that involves your fundamental rights.
How does a writ of prohibition work?
A writ petition of prohibition is filed in the Supreme Court by the person who is concerned about the case being heard by any lower court or tribunal. The petition contains all the details of the case and the grounds for seeking prohibition. The Supreme Court then issues a notice to the lower court or tribunal and asks them to show cause why they should not be restrained from hearing the case. The lower court or tribunal has to reply to the notice and justify their actions. The Supreme Court then hears both sides and decides whether to issue a writ of prohibition or not. If the Supreme Court issues a writ of prohibition, it orders the lower court or tribunal to stop hearing the case immediately.
How to file a writ petition in the Supreme Court?
If you want to file a writ petition in the Supreme Court, you need to follow these steps:
- Prepare your petition with all the relevant facts, grounds, and prayers.
- Attach all the necessary documents and affidavits to support your petition.
- Pay the prescribed fee and submit your petition either online
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