The Constitution of India has conferred on Supreme Court and High Courts power to issue writs. Writ Jurisdiction of Supreme Court and High Courts extends not only to inferior courts and tribunals but also to the state of any authority or person endowed with state authority.
There is difference between the Writ Jurisdiction of Supreme Court and High Courts as follows:
- The Writ Jurisdiction of Supreme Court is mentioned under Article 32 of the Indian Constitution, while the Writ Jurisdiction of High Courts is mentioned under Article 226 of the Indian Constitution.
- The High Courts have wider powers as compare to Supreme Court in issuing writs.
- The Supreme Court can issue writ only in case of violation of any of the fundamental rights contained in Part-III of the constitution, while the High Courts can issue writs not only in case of violation of fundamental rights but also in case of violation of any legal rights of the citizens provided that a writ is a proper remedy in such cases, according to well-established principles.
- Article 32 of the Constitution of India imposes on the Supreme Court a duty to issue the writs, whereas no such duty is imposed on the High Courts by Art-226.
