Writ jurisdiction
Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Class 11, Ch 6 "Judiciary"
Meaning
Writ jurisdiction is the power of courts to issue writs. A writ is a court order telling an authority to do something or to stop doing it. There are five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. The Supreme Court issues them under Art. 32 and High Courts under Art. 226. Art. 32 is itself a fundamental right, which Ambedkar called the "heart and soul" of the Constitution. It can be suspended only under Art. 359.
Example
High Courts can issue writs to enforce fundamental rights "and for any other purpose", such as other legal rights. So Art. 226 is wider than Art. 32. A person whose fundamental right is violated may go to either court.
Don't confuse with
- Judicial review: judicial review lets a court cancel a law that breaks the Constitution. A writ is an order to a particular authority to act or to stop acting.