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History & Civics

Besides the power of issuing the Writs, each High Court is a Court of Record. In this context answer the following questions:

(a) How do the High Courts enforce Fundamental Rights?

(b) How can you say that the Writ Jurisdiction of the High Court is wider than that of the Supreme Court?

(c) What is meant by the assertion that the High Court is a Court of Record?

High Courts

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Answer

(a) All High Courts have the power to issue Writs to a person or an official.

  1. The Writs comprise the Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
  2. These writs are issued to protect the Fundamental Rights or for any other purpose.
  3. The Writ of Habeas Corpus provides a remedy for a person who has been unlawfully held in prison, in police custody or if a person has been detained by a private individual. The High Court commands that the person detained should be brought into Court. If the cause for his detention is found insufficient, he is at once unconditionally released.
  4. The Writ of Mandamus compels an inferior court or an individual to perform their legal duty.
  5. A writ of prohibition is issued to prevent an inferior court from exercising powers with which it is not legally vested.
  6. By issuing a Writ of Certiorari, the lower court is asked to hand over the record of a particular case to the higher court.
  7. Writ of Quo Warranto is directed against a person who has wrongfully usurped an office. The Writ calls upon the person to show under what authority he holds the office. If the court decides that the person concerned is holding that office illegally, it may declare the office to be vacant.

(b) The Writ Jurisdiction of the High Court is wider than that of the Supreme Court.

  1. The writ jurisdiction of the Supreme Court is restricted to enforcement of Fundamental Rights.
  2. But the words "for any other purpose" allow the High Courts to issue writs for enforcement of all rights, whether Fundamental Rights or any of the legal rights.

(c) The High Court is a "Court of Record". The Court of Record has two characteristics.

  1. Its judgments and orders are preserved as record. These can be produced in any court as precedents. The law laid down by the High Court is binding on all subordinate courts and administrative tribunals in the State.
  2. If a person commits a contempt of High Court, the Court has the authority to punish him. Neither the Supreme Court nor the Parliament can deprive the High Court of this right.

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