SUPREME COURT AND ITS WRITS|CUET -Polity L-8

The Supreme Court of India is the supreme judicial authority and the highest court of the Republic of India. It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review. The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original, appellate and advisory jurisdictions. As the apex constitutional court, it takes up appeals primarily against verdicts of the High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India. Under judicial review, the court invalidates both normal laws as well as constitutional amendments that violate the Basic structure doctrine. It is required to safeguard the fundamental rights of citizens and settles legal disputes among the central government and various state governments. Its decisions are binding on other Indian courts as well as the union and state governments.[7] As per the Article 142 of the Constitution, the court is conferred with the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice which becomes binding on the President to enforce. The Supreme Court replaced the Judicial Committee of the Privy Council as the highest court of appeal since 28 January, 1950. With the Indian Constitution granting it far-reaching authority to initiate actions, exercise appellate authority over all other courts in the country with the power to review constitutional amendments, India’s Supreme Court is regarded as one of the most powerful supreme courts in the world. What is Writ? Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court against the violation of his/her fundamental rights. The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226. The writs- Habeas Corpus, Mandamus, Certiorari, Quo Warranto, and Prohibition form an important topic for IAS Exam and its three stages- Prelims, Mains, and Interview. Types of Writs in India – Indian Polity Notes This article will mention the types of writs that come under the original jurisdiction of the Supreme Court and High Courts, forming an important part of IAS Mains GS-II and Political Science optional paper of the UPSC Exam. IAS 2023 results Types of Writs in India The Supreme Court of India is the defender of the fundamental rights of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types of writs are: Habeas Corpus Mandamus Prohibition Certiorari Quo-Warranto Aspirants should go through these writs one-by-one as all of these are important for UPSC prelims and UPSC Mains and can help score well if understood with clarity. Habeas Corpus The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court. Facts about Habeas Corpus in India: The Supreme Court or High Court can issue this writ against both private and public authorities. Habeas Corpus can not be issued in the following cases: When detention is lawful When the proceeding is for contempt of a legislature or a court Detention is by a competent court Detention is outside the jurisdiction of the court