SSC CGL Polity Study Notes, Know Writ Jurisdiction in Indian Constitution

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Key Takeaways

  • This article provides SSC CGL Polity Study Notes focusing on Writ Jurisdiction in the Indian Constitution.
  • The Supreme Court and High Courts issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
  • Each writ serves a specific purpose, such as protecting personal liberty or commanding public authorities to perform their duties.
  • Understanding writs is essential for protecting fundamental rights and performing well in the SSC CGL exam.
  • The article includes a comparison table detailing the purpose and examples of each writ.

To help you prepare better, we are sharing free SSC CGL Polity Notes in this blog. In this edition, we are focusing on the topic Writ Jurisdiction in the Indian Constitution, which is often asked in the SSC CGL exam and other competitive exams. This topic is important because it explains how the courts protect fundamental rights and make sure the government works according to the Constitution.

What is Writ Jurisdiction in the Indian Constitution?

Writ Jurisdiction refers to the constitutional power of the Supreme Court and High Courts to issue directions, orders, or writs for protecting legal and constitutional rights.

The Constitution specifically recognizes five major writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. The Supreme Court exercises this power under Article 32 for the enforcement of Fundamental Rights. High Courts exercise writ jurisdiction under Article 226, which extends not only to Fundamental Rights but also to other legal rights within the scope of that Article.

Overview of Writs under Indian Constitution

Writs in Indian Constitution

In the Indian Constitution this special power of Jurisdiction which can issue “entitlement of writ” is given to the Supreme Court and High Court of various States. Under the Act 32 of Constitution, the Supreme Court can issue writs for enforcement of Fundamental Rights which is applicable throughout the country, and under the article 139 and similarly under Article 266 for High Courts in the respective territory of the states. The five types of entitled Writs are described as follows:

S.NO.Writ
1Habeas Corpus
2Mandamus
3Prohibition
4Certiorari
5Quo Warranto

WRIT OF PROHIBITION

The word Prohibition means “forbidding”. The Writ of Prohibition falls under the category when there is a case which does not fall under the jurisdiction of a lower court such as a tribunal or District Court, than the High Court takes the case under its jurisdiction to prevent it from exceeding over a longer period of time.

The Writ of Prohibition can only be issued on judicial authorities and not on administrative authorities, private bodies or legislative people.

WRIT OF HABEAS CORPUS

The word Habeas Corpus means “litigation of a human body”. The Writ of Habeas Corpus is issued under the circumstances when a public or private corporation has to bring the body of the person who has been illegally detained along with the cause of detention in the summoned court. The person if found not guilty due to the detention being illegal is set free to go.

WRIT OF MANDAMUS

The word Mandamus means “ to be in command”. When a lower court or any public official fails or refuses to perform his or her duty, than the  Supreme Court can issue the writ of Mandamus on the concerned person. However, the Writ of Mandamus cannot be issued on any private body.

Under this writ, the authorities only ask the existing task to be completed and compel the designated person to do the work.

WRIT OF QUO WARRANTO

The word Quo Warranto means “ to issue a warrant”. This Writ of Quo Warranto can be issued by the court when a person claims to enquire the legality of a public office to prevent mishappenings or illegal use of resources of the office by the person. This writ cannot be conducted against any private body. The court wants to understand under what solid proof the person claims his issues.

WRIT OF CERTIORARI

The word Certiorari means “ to demand”. The Writ to Certiorari is one of the very important fundamental rights of the citizens. In some cases, the citizens are not satisfied with the judgements taken by the High Court or any lower court. In such cases, they can seek to go to the High Court with the intention of overruling the judgement of the High Court with proper evidence and documents.

Comparison of Writs in the Indian Constitution

Writ Jurisdiction is one of the most important powers of the Supreme Court and High Courts under Articles 32 and 226 of the Indian Constitution. Writs are issued to protect fundamental rights, enforce legal duties, and ensure that authorities act within the law. Each writ serves a specific purpose and has its own scope of application. Understanding the differences between them is crucial for SSC CGL and other competitive exams.

WritPurposeWho can issueExample/Use
Habeas CorpusProtects personal liberty; prevents illegal detentionSupreme Court / High CourtA person detained without lawful authority can be released by the court
MandamusCommands a public authority to perform its dutySupreme Court / High CourtDirects a government officer to carry out a legal duty
ProhibitionPrevents lower courts or authorities from exceeding their jurisdictionSupreme Court / High CourtStops a lower court from hearing a case outside its power
CertiorariTransfers a case from a lower court to a higher court or quashes a lower court’s orderSupreme Court / High CourtSupreme Court quashes an unlawful order passed by a lower court
Quo WarrantoQuestions the authority of a person holding a public officeSupreme Court / High CourtChallenges if someone is holding an office illegally
Writ Jurisdiction

Which articles are Important for Writ Jurisdiction?

Several Constitutional Articles are relevant while studying Writ Jurisdiction in India. Articles 32 and 226 are the most important and should be memorised first.

ArticleWhat to Remember
Article 32Supreme Court’s writ jurisdiction for enforcement of Fundamental Rights
Article 226High Court’s writ jurisdiction for Fundamental Rights and other purposes
Article 139Enables Parliament to confer certain additional writ-related powers on the Supreme Court beyond the purposes mentioned in Article 32
Article 227High Court’s power of superintendence over courts and tribunals within its jurisdiction; distinct from Article 226 writ jurisdiction
Article 359Relates to suspension of the right to move courts for enforcement of specified Part III rights during an Emergency, subject to constitutional limitations

Candidates looking for SSC-specific practice set can refer to the Important Polity Questions for SSC CGL, CHSL and CPO page for additional exam-oriented questions and previous-year practice.

Which Court has wider Writ Jurisdiction?

For the range of rights enforceable through writ jurisdiction, the High Court’s power under Article 226 is broader because it can issue writs for the enforcement of Fundamental Rights and for any other purpose, whereas Article 32 specifically provides Supreme Court remedies for enforcement of Fundamental Rights.

How can you identify the correct Writ in an Exam Question?

Writ-based questions often describe a situation instead of directly asking the meaning of the writ. Candidates should identify the main problem in the question and then match it with the appropriate writ.

Situation in QuestionLikely Writ
Person illegally detainedHabeas Corpus
Public authority refuses to perform legal dutyMandamus
Lower court is proceeding beyond jurisdictionProhibition
Order of lower court/tribunal needs to be quashedCertiorari
Person illegally occupies public officeQuo Warranto