Explain the concept of Writ Petitions under the Indian Constitution. Compare and contrast the writ jurisdiction of the Supreme Court under Article 32 and the High Courts under Article 226 with respect to their nature, sc

Writ Petition The Supreme Court and High Courts are authorized to issue five types of writs, under Articles 32 and 226 respectively. In fact, under Article 32, the Supreme Court can empower any other Court to issue the writs. But there has been no provision made so far by the court of law therefore to date only the Supreme Court and the High Courts can issue the writs. Earlier the High court of Bombay Madras and Calcutta had the power of issuing these writs, but after 1950 under Article 226 of the Constitution of India all the high courts were eligible to issue the writs. The concept of writs has been taken from England where it is known as prerogative writs. In England, the writs were issued in the exercise of the prerogative of the king who is still considered the Fountain of Justice. Later on, the High courts started to issue the writs as an extraordinary remedy to uphold the liberties of the Britishers. Writ under Article 32 and 226 Aspect Article 32 (Supreme Court) Article 226 (High Courts) Nature of Right It is a Fundamental Right to approach the Supreme Court for enforcement of Fundamental Rights. It is a Constitutional Right that includes enforcement of both Fundamental and Legal Rights. Scope Limited to the enforcement of Fundamental Rights only. Broader scope – includes violation of Fundamental as well as Legal Rights. Suspension Can be suspended during Emergency under Article 359. Cannot be suspended even during Emergency. Territorial Jurisdiction Has pan-India jurisdiction to issue writs. Limited to persons, authorities, or events within the High Court's territorial jurisdiction. Discretionary Power Issuance of writ is mandatory since Article 32 is itself a Fundamental Right. Issuance of writ is discretionary; the High Court may refuse to issue a writ in certain cases.