Law of Writs
Law of Writs
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also.
Writs under English law
The origin of writs can be drawn from the English judicial system. The law of writs has its origin from the orders passed by the King’s Bench in England. Writs were issued on a petition presented to the king in council and were considered as a royal order. Writs were a written order in the name of the king which acted as groundwork for the subsequent proceedings. However, with different segments writs took various forms and names. The writs were issued by the crown and in the interest of the crown but with the passage of time it became available for ordinary citizens also. However a prescribed fee was charged for it and the filing of these writs were known as purchase of a writ.
Writs under Indian law
The origin of writs in India goes back to the Regulating Act, 1773 under Supreme Court was established at Calcutta. The Charter also established other high courts and these High Courts had analogous power to issue writs as successor to the Supreme Court. The other courts which were established subsequently did not enjoy this power. The writ jurisdiction of these courts was limited to their original civil jurisdiction which they enjoyed under section 45 of the Specific Relief Act, 1877.
But at present, Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of fundamental rights of any citizen by the State. By such writs the judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion. There has been specifically made provisions in the
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also.
Writs under English law
The origin of writs can be drawn from the English judicial system. The law of writs has its origin from the orders passed by the King’s Bench in England. Writs were issued on a petition presented to the king in council and were considered as a royal order. Writs were a written order in the name of the king which acted as groundwork for the subsequent proceedings. However, with different segments writs took various forms and names. The writs were issued by the crown and in the interest of the crown but with the passage of time it became available for ordinary citizens also. However a prescribed fee was charged for it and the filing of these writs were known as purchase of a writ.
Writs under Indian law
The origin of writs in India goes back to the Regulating Act, 1773 under Supreme Court was established at Calcutta. The Charter also established other high courts and these High Courts had analogous power to issue writs as successor to the Supreme Court. The other courts which were established subsequently did not enjoy this power. The writ jurisdiction of these courts was limited to their original civil jurisdiction which they enjoyed under section 45 of the Specific Relief Act, 1877.
But at present, Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of fundamental rights of any citizen by the State. By such writs the judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion. There has been specifically made provisions in the