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Introdution
The writ jurisdiction of the Supreme Court is a crucial part of the Indian legal system, and it enables the court to enforce fundamental rights and uphold the Constitution of India. In this article, we will discuss the writ jurisdiction of the Supreme Court, its significance, and some of the important case laws and sections related to it.
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Writ jurisdiction of the Supreme Court
The writ jurisdiction of the Supreme Court is enshrined in Article 32 of the Constitution of India. According to this article, the Supreme Court has the power to issue writs for the enforcement of fundamental rights conferred by Part III of the Constitution. These writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
The writs issued by the Supreme Court are binding on all other courts in India, including high courts, district courts, and tribunals. The Supreme Court can also issue writs to protect its own jurisdiction and to ensure that lower courts and authorities do not interfere with its functioning.
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Significance of writ jurisdiction
The writ jurisdiction of the Supreme Court is significant for several reasons. First, it allows the court to protect the fundamental rights of citizens and ensure that; public authorities act within the limits of their authority. Second, it upholds the rule of law and ensures that the government and other authorities do not act arbitrarily or capriciously. Third, it ensures the independence of the judiciary and protects its jurisdiction.
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Case laws related to writ jurisdiction
The writ jurisdiction of the Supreme Court used in several landmark cases. Here are some examples:
ADM Jabalpur v. Shivkant Shukla
This case is also known as the Habeas Corpus case. In this case, during the emergency period, the Supreme Court held that; the right to life and personal liberty under; Article 21 of the Constitution can be suspended during an emergency. However, this decision later overruled in the case of Maneka Gandhi v. Union of India.
Maneka Gandhi v. Union of India
In this case, the Supreme Court expanded the scope of the right to life and liberty under Article 21 of the Constitution. The court held that; the right to life and liberty includes the right to travel abroad and the right to be informed of the grounds of detention.
Kesavananda Bharati v. State of Kerala
In this case, the Supreme Court held that; the basic structure of the Constitution cannot be amended by the Parliament. This decision ensured the supremacy of the Constitution and protected it from arbitrary amendments.
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Important Sections related to writ jurisdiction
Apart from Article 32 of the Constitution, there are other sections of the law that are related to the writ jurisdiction of the Supreme Court. Here are some examples:
Section 226 of the Code of Civil Procedure, 1908
This section provides for the power of the high courts to issue writs. The high courts have the power to issue writs for the enforcement of fundamental rights as well as for other purposes.
Section 133 of the Code of Criminal Procedure, 1973
This section provides for the power of the district magistrate to issue directions and orders for public nuisance and other matters.
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Conclusion
The writ jurisdiction of the Supreme Court is an essential aspect of the Indian legal system. It enables the court to protect the fundamental rights of citizens, uphold the Constitution, and ensure the independence of the judiciary. The writ jurisdiction of the Supreme Court used in several landmark cases, and it continues to play a crucial role in the protection of fundamental rights and the rule of law in India.
Written By Divya Yadav (Legal Intern)
Law Offices of Kr. Vivek Tanwar Advocate & Associates