The Supreme Court plays a crucial role in safeguarding and upholding the fundamental rights of citizens. It is empowered to issue various types of writs, including:
- Habeas corpus: To secure the release of a person unlawfully detained.
- Mandamus: To compel a public authority to perform a duty.
- Prohibition: To stop a lower court or tribunal from exceeding its jurisdiction.
- Quo warranto: To question the legality of a person's claim to a public office.
- Certiorari: To review and quash the orders of lower courts.
These writs help enforce fundamental rights and provide recourse for aggrieved citizens directly to the Supreme Court, rather than requiring them to go through appeals.
Concurrent and Exclusive Jurisdiction
- The Supreme Court's writ jurisdiction is not exclusive. High courts also have the power to issue writs to enforce fundamental rights, giving citizens the choice to approach either the high court or the Supreme Court.
- The Supreme Court's original jurisdiction in federal disputes (e.g., between the Centre and states) is exclusive, while its original jurisdiction in fundamental rights disputes is concurrent with the high courts.
Differences in Writ Jurisdiction
- Supreme Court: Can issue writs only for enforcing fundamental rights, not for other purposes.
- High Courts: Can issue writs for both fundamental rights and other purposes, providing them with broader jurisdiction.
However, the Parliament can extend the Supreme Court's power to issue writs for other purposes as well.
