Question

how is the writ of high court wider than that of supreme court .....
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Answer 1

Answer:

Declaration of Fundamental Rights are meaningless unless there is an effective machinery for the enforcement of the rights. That is why, the Supreme Court is empowered under Art. 32 to issue writs of various forms. The constitution made the Supreme Court the protector of Fundamental Rights. The Supreme Court can declare a law passed by any legislature null and void if it encroaches upon the Fundamental Rights guaranteed to the people by the constitution.

The Supreme Courts’ power to issue writs is restricted to Fundamental Rights only whereas the High Court can issue writs in any matter or subjects including Fundamental Rights (Art. 226). Thus, it is obvious that the High Court’s power to issue writs is wider than that of the Supreme Court of India. The following are the writs of various form.

Habeas Corpus:

ADVERTISEMENTS:

By this writ the Court can cause any person who has been detained/imprisoned to be physically brought before the court. The court than examines the reasons of his detention.

Mandamus:

It literally means a command. It is a command directing a person, corporation, interior court to do the thing or perform the act specified in the writ.

Prohibition: This writ forbids the interior court or tribunal to act outside its legal limits/ jurisdiction and also prevents it from including the rules of natural justice.

Certiorari:

ADVERTISEMENTS:

The writ of certiorari is issued against the lower courts by the higher courts if the lower courts have violated their designated jurisdiction and pronounce the decision on the case. The effect of this writ is that the Judgment issued by the lower court is quashed and the case is transferred to the appropriate court.

Quo-warranto:

It literally means, where is your assent of appointment? The court by this writ examines office on franchise. If he is not able to show his legal right, he may be ousted by the court.

Explanation:

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