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Q79 (CDS-II/2020) Polity & Governance › Judiciary › Judicial process basics Answer Verified

In the Indian judicial system, writs are issued by

Result
Your answer: —  Â·  Correct: C
Explanation

In the Indian judicial system, the power to issue writs is specifically vested in the Supreme Court and the High Courts. Under Article 32 of the Constitution, the Supreme Court can issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto) exclusively for the enforcement of Fundamental Rights [4]. Under Article 226, High Courts possess a broader writ jurisdiction, allowing them to issue these writs for the enforcement of Fundamental Rights as well as for 'any other purpose,' such as the protection of ordinary legal rights [5]. While Article 32(3) allows Parliament to empower other courts (including lower courts) to issue writs, no such law has been enacted to date [1]. Consequently, only the Supreme Court and the High Courts currently exercise this authority, making them the sole repositories of writ jurisdiction in India [5].

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 99
  3. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > II Writ Jurisdiction > p. 291
  4. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > til Writ Jurisdiction > p. 358
  5. [5] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > til Writ Jurisdiction > p. 358
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