WRITS OF THE INDIAN CONSTITUTION:-BY SANJAY KUMAR SAH

Q: HOW MANY TYPES OF WRITS ARE THERE IN THE INDIAN CONSTITUTION?

    ANSWER: THEE FIVE TYPES OF WRITS IN THE INDIAN CONSTITUTIONRE AR

                    1:HABEAS CORPUS

                    2:MENDAMUS

                    3:PROHIBITION

                    4:CERTIORARI

                    5:QUO-WARRANTO

WRITS -SCOPE

THE SUPREME COURT( UNDER ARTICLE 32) AND THE HIGH COURT (UNDER ARTICLE 226) CAN ISSUE THE WRITS OF HABEAS CORPUS, MENDAMUS,PROHIBITION, CERTIORARI AND QUO WARRANTO. FURTHER THE PARLIAMENT (UNDER ARTICLE 32) CAN EMPOWER ANY OTHER COURT TO ISSUE THESE WRITS.SINCE NO SUCH PROVISION HAS BEEN MADE SO FAR, ONLY THE SUPREME COURT AND THE HIGH COURTS CAN ISSUE THE WRITS AND NOT ANY OTHER COURT. BEFORE 1950, ONLY THE HIGH COURT OF CALCUTTA, BOMBAY AND MADRAS HAD THE POWER TO ISSUE THE WRITS.ARTICLE 226 NOW EMPOWERS ALL THE HIGH COURTS TO ISSUE THE WRITS.

         THESE WRITS ARE BORROWED FROM ENGLISH LAW WHERE THEY ARE KNOWN AS "PREROGATIVE WRITS". THEY ARE SO CALLED IN ENGLAND AS THEY WERE ISSUED IN THE EXERCISE OF THE PREROGATIVE OF THE KING WHO WAS , AND IS STILL, DESCRIBED AS THE "FOUNTAIN OF JUSTICE". LATER THE HIGH COURT STARTED ISSUING THESE WRITS AS EXTRAORDINARY REMEDIES TO UPHOLD THE RIGHTS AND LIBERTIES OF THE BRITISH PEOPLE.

                                         for more read in the next page............................................................


           

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