Answer:

Introduction      

A writ is a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. The Constitution of India vests the Supreme Court and High Courts with the power to issue writs under Article 32 and Article 226 respectively, underscoring the judiciary’s pivotal role in upholding individual rights.

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Types of Writs issued by the Supreme Court and the High Courts under Article 32 and Article 226

• Habeas Corpus: A directive mandating the authority or person detaining another to produce the detainee before the court. Eg: ADM Jabalpur case (1976) during the Emergency era where the SC controversially ruled that the state could deprive a citizen of their right to life and liberty without being answerable.
• Mandamus (“We command”): Commands a public officer or authority to perform a duty they’re legally obligated to execute. Eg: In the Vishakha case, the Supreme Court issued directives, leveraging the Mandamus writ, for instituting mechanisms to prevent sexual harassment at workplaces.
• Prohibition (“To forbid”): A writ ensuring lower courts don’t exceed their jurisdiction. Eg: In the Rupa Ashok Hurra vs Ashok Hurra and Another (2002) case, the Supreme Court used this writ to clarify its own powers regarding the reconsideration of its judgments.
• Certiorari (“To be certified”): Enables higher courts to review, and if necessary, quash decisions of lower courts or Tribunals. Eg: In the Mumbai Kamgar Sabha vs M.R. Meher (1976) case, the SC exercised this writ to quash an industrial tribunal’s decision that was found to be plagued by errors. 
• Quo Warranto: It is employed to question the legitimacy of a person’s appointment to a public office. Eg: In the University of Mysore vs C.D. Govinda Rao (1964) case, the SC upheld the writ of Quo Warranto, stressing that to be appointed to a specific post, the person must satisfy all the requisite conditions. 

Features of Writs issued by the Supreme Court and the High Courts under Article 32 and Article 226 

• Scope: Article 32 is dedicated to the enforcement of fundamental rights, while Article 226 embraces both fundamental and other legal rights. Eg: in the Shankari Prasad case (1951), Article 32 was invoked to question the validity of the First Amendment to the Constitution which introduced Articles 31A and 31B, which affected the right to property, a fundamental right at that time.
• Original Jurisdiction: Article 32 bestows original jurisdiction upon the Supreme Court. In the landmark Kesavananda Bharati vs State of Kerala (1973) case, the petitioner directly approached the Supreme Court under Article 32, emphasising its role as the guardian of fundamental rights.
• Flexibility: High Courts, under Article 226, have a wider ambit. In S. R. Bommai vs Union of India (1994), the Karnataka High Court demonstrated its flexibility by examining the President’s proclamation under Article 356, which doesn’t strictly pertain to fundamental rights.
• Power of Parliament: The Parliament can, under specific conditions, empower any court to issue writs but can’t encroach upon the High Court’s jurisdiction. This principle was reaffirmed in the L. Chandra Kumar vs Union of India (1997) case.
• Binding Nature: A decision from the Supreme Court is binding across all courts. As seen in the M.C. Mehta vs Union of India (1987) case, the guidelines set by the apex court were binding for all entities across India.
• Suspension: Article 359, during emergencies, lets the President suspend the enforcement of fundamental rights. This was invoked during the Emergency era (1975-1977), suspending citizens’ right to approach the court under Article 32.
• Enforcement: Both the apex and High Courts ensure the proper execution of their writs. Mohd. Hanif Quareshi vs State of Bihar (1958) case saw the Supreme Court employing its powers to ensure the enforcement of its judgement, ensuring its pivotal role in upholding justice.

Conclusion

Writ jurisdiction symbolizes the judiciary’s commitment to preserving the rule of law in India. The power to issue writs, granted to the Supreme Court and High Courts, ensures a robust mechanism to prevent violations of fundamental rights and reinforcing the Constitution’s spirit.

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