Comparative Study on Writ Jurisdiction in India and the UK

A quick remedy against infringement of rights and injustice can be achieved through writs. Writs are an imperative part of the justice delivery system as they allow the aggrieved to approach higher authorities directly (in case their fundamental rights have been violated). In India, the power to exercise writ jurisdiction lies with the various High Courts (under articles 226) and the Supreme Court (under article 32) as per the Indian Constitution. The concept of writs originated in the UK. This paper aims to examine the state of writ jurisdiction in India and the UK, from its origin to the present-day scenario and also seeks to analyse in what ways India has been influenced by the UK in this aspect. It also seeks to understand the development of this concept in both countries. This paper shall be divided into four parts. The first part of the paper shall deal with the introduction of the concepts. The second part will deal with the origin and evolution of writs and writ jurisdiction. The third part of the paper will deal with how India has been influenced by the UK in this aspect. The fourth and final part of this paper will deal with the present-day scenario of writ jurisdiction in both the countries and concluding remarks of the research scholar.