The Constitution of India has conferred on Supreme Court and High Courts power to issue writs. Writ Jurisdictions of Supreme Court and High Courts extend not only to inferior courts and tribunals but also to the state of any authority or person endowed with state authority.
The difference between the writ jurisdictions of the Supreme Court and High Courts is given below.
The Writ Jurisdiction of the 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.
The High Courts have wider powers as compared to the Supreme Court in issuing writs.
The Supreme Court can issue writs only in case of violation of any of the fundamental rights contained in Part-III of the constitution, while the High Courts can issue writs not only in case of violation of fundamental rights but also in case of violation of any legal rights of the citizens provided that a writ is a proper remedy in such cases, according to well-established principles.
Article 32 of the Constitution of India imposes on the Supreme Court a duty to issue the writs, whereas no such duty is imposed on the High Courts by Article 226.
The jurisdiction of the Supreme Court extends all over the country, whereas that of the High Courts only to the territorial confines of the particular state and the Union Territory to which its jurisdiction extends.
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
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Written By: Brijesh Singh