Indian constitution empowers the supreme court and High Court to issue Writ under Articles 32 and Article 226 respectively.
There are a few differences in the writ jurisdiction between Supreme Court and High court.. They are:
Purpose:
Supreme Court issues writsonly in cases related to fundamental rights.
High court issues writs in case of both legal and fundamental rights.
Hence the writ jurisdiction of High Courts is greater than that of Supreme Court of despite being the Apex Court.
Territorial Jurisdiction:
Supreme court issues writ against any person or government in Indian territorial jurisdiction. Whereas, High court issues writ only against the person or government within its jurisdiction. High court issues writ outside the jurisdiction only if the cause of action has arisen within its jurisdiction.
Power:
Supreme court can not refuse to execute to power in issuing Writ. Whereas, High court can refuse the power to issue writ.
Conclusion:
Despite being the Apex court, Supreme Court issues writs in cases related to only fundamental rights not for any other purpose. But High courts issues writs not only for enforcement of fundamental rights but for any other legal and statutory rights too. Therefore you may approach both Supreme Court or High court to issue writs against any administrative actions affecting fundamental rights. Whereas you can approach only the High court to issue of writs against any administrative actions not affecting any fundamental rights.
Who can help you?
We at RSB Legal Firm make you understand about the legal situation and equip you with all case requirements, Such that for any query regarding legal notice India, or any other legal matter, you are well-covered.
Our dedicated team strives to connect you with the best experts in legal matters from its wide base of best lawyers. We help you to do everything that it takes to make better-informed decisions. All you have to do is drop a whatsapp message @ 9894023738 or call us at +91-9894023738
