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Articles

SCOPE OF THE FIVE PREROGATIVE WRITS (MANDAMUS, CERTIORARI, HABEUS CORPUS, PROHIBITION AND QUO WARRANTO)

Article 32 empowers the Supreme Court to issue writs in form of Mandamus, Certiorari, Habeus Corpus, Prohibition and Quo Warranto for enforcement of Fundamental Rights. Similarly, High Court can also issue aforesaid writs under Article 226 for not only enforcement of Fundamental Rights but also for other legal rights. These writs are also called prerogative writs as origin of these writs can be traced to British Monarch who enjoyed these discretionary powers over and above the statutory laws. The Indian Constitution has bestowed these discretionary powers on Supreme Court and High Courts for protection of Fundamental Rights.

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