Origin Of Writs In English Law

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The genesis of writs took place in the English judicial system, with the development of English law from folk courts — moots to the formal courts of common law. The law of writs originated from orders passed by the King’s Bench in England. The writ was precisely a monarchical order, which was issued under the Seal of monarch. It used to be issued on a petition presented to the king in council for exercise of the extra-ordinary judicial powers in a particular matter. At the initial stage the king’s court consisted of barons and high ecclesiastical with legislative, judicial and administrative functions. However, with various phases of history it took different names and forms but the spirit of this extraordinary power remained undisturbed.…show more content…
A similar charter also established the Supreme Courts of Madras and Bombay with resembling provisions in 1801 and 1823 respectively. Letters patent were given to all the three courts. These courts were replaced by the High Courts in 1862 under High Courts Act 1861. The High Courts so established enjoyed all the powers, which were with the Supreme Courts as established by the aforementioned charter. Thus the three presidency High Courts inherited the power to issue writs as successor to the Supreme Court. Other High Courts subsequently established did not have these powers because they were newly created and they could not inherit these powers as the presidency High Courts did. The special authority, which was conferred by the charter on the three presidency High Courts, was not mentioned in the letters patent of the subsequent courts. However, the writ jurisdiction of these courts was limited to their original civil jurisdiction, which they enjoyed under Section 45 of the Specific Relief Act, 1877. The law of writs as inherited from the English colonial regime was having a limited scope but its effectiveness was time-tested. Therefore, the constitutional forefathers decided to retain the concept as such in its ‘nature’ as a broad parameter, but its scope was enlarged by adding some new words to it and it was left open ended also.…show more content…
Article 32 of the constitution is provided in the constitution in the following form:- “Article 32 - Remedies for enforcement of rights conferred by this part: (1)The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warrant and certiorari, which ever may be appropriate, for the enforcement of any of the rights conferred by this part. (3) Without prejudice to the powers conferred on the Supreme Court by Clause (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under Cl. (2). (4) The right guaranteed by this Article shall not be suspended except as otherwise provided by this
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