Legal Question in Constitutional Law in India

Re: constitution law

Writ means a direction or order issued by supreme court or high courts where a Fundamental right has been infringed by state action. it is a constitutional remedy available where under ordinary law either no remedy is available or the remedy available was inadequate.Writ petition is an application by the petitioner to the court made for issue of writ.Refer Article 32 or 226 of the constitution for further information on writs.

Regards,

Re: constitution law

A writ is in fact a command of the king typical of the anglo-sexan jurisprudance. It has however changed the facet of the giver of the command. The republican statehood that has come to stay in many states has adopted this power of the highest executive authority of the state and in the newly born countries like India where the constitutions have been written down, and the theory of separation of powers has been consiously followed, this authority of the grant of commond in the name of the state as against the state is vested in the constitutional courts i,e; the High courts and the Supreme Court.

A writ is in fact a term derived from the word write. It suggests A written Order as against the oral order of the Kings. It has therefore the sense of commond in it than a decree of a court. Its use is mainly to call upon the state to do a certain act or to refrain from doing an act. it is available for enforcing the constitutional as well as the fundamental rights. The constitutional rights can be sought to be enforced by any resident in the state and the fundamental rights are available to be enforced only by the Citizens. The effective use of the writ is achieved by providing the power of contempt for violating the order of the writ.

The writ is therefore in simple terms a demand by a citizen against the state by invoking the rule of law to follow or to do or not to do any act which would infringe the constitutional or fundamental right of such citizen.

Re: constitution law

Writ is extra ordinary jurisdiction of SC & HC.Consult any commentary on constitution to know details.

Re: constitution law

Writ means a form of written command in the name of court or other legal authority to do or abstain from doing a specified act or simplify thats and extra ordinary powers of SC or HC.