Discuss the power of High courts to issue the writs (1861) .
Writ is a quick remedy against injustice , for the protection of rights of citizens against any encroachment by the governmental authority. In Britain ,writs carried the authority of queen. Later writs were enjoyed by king’s bench By regulating act 1773 the judges of supreme court were given power of writ In 1861 High courts were vested with power of writ.
High courts asserted that that since the administration has come under crown so power to issue writ was extended to mofussil area.IN RE NATIONAL CARBON , the Calcutta High Court issued the writ of prohibition against controller of designs and patents.In Ameer Khan , High court issued the writ of habeas corpus in the mofussil area to set Indians free detained illegally.However their power was inhibited, as proved in following cases:
RYOTS OF GARABANDHAO VS ZAMINDAR OF PARLAKIMEDI Privy council held that if the Board of Revenue has exceded its power in enhancing the rent, High court has no jurisdiction to issue the writ of certiorai. It said that jurisdiction to issue the writ of certiorai does not depend of location of Revenue board but the place – Ganjam where dispute is. Ganjam is located outside the presidency of Madras. Court did not issue the writ .
Hamid Hasan vs Banwari Lal Roy Deputy Magistrate was appointed the administrator of Howrah after superseding the Chairman and Commisioners of that municipality . The respondent applied for writ of quo warranto in High court. Appellant in Privy council that high court has no jurisdiction in Howrah as it is outside the calcutta presidency.
Legislative ProvisionsSection 45----Specific Relief Act-----writ of mandamus byHigh courts within the local limits of their original civil jurisdictionSection 491- ----Criminal Procedure Code 1898----writ to issue the habeas corpus ----in original and appellate jurisdictionPost constitutionArticle 226-all high courts to issue writAmendment to 226- to issue writ to any govt authority if cause of action is in their territory.