Court Litigation / High Court Matters / High Court

Original Jurisdiction

In each state and union territory, the High Courts of India are the primary courts with original jurisdiction. A high court's original civil and criminal jurisdiction, on the other hand, is exercised only when the subordinate courts are not required by law to try such cases due to a lack of pecuniary or territorial jurisdiction. If so designed, high courts may still have original jurisdiction in those cases.

  • Filings of Writ Petitions (Based on Article 226 of Indian Constitution)


  1. A) Writ of Habeas Corpus, under Article 32 of Indian Constitution

The Latin term 'Habeas Corpus' means 'to have the body of.' This writ is used to protect an individual's natural right to liberty from arbitrary imprisonment. The Supreme Court/High Court uses Habeas Corpus to order that a person who has detained another person put the latter's body before the court.


  1. B) Writ of Mandamus, under Article 32 of Indian Constitution

Mandamus is a legal term that refers to this writ's literal translation is "We order." The court will use this writ to compel a public official who has neglected or refuses to exercise his duties to return to work. Mandamus may be given for the same reason against any governmental body, corporation, inferior court, tribunal, or legislature, in addition to public officials.

In India, the following are some facts concerning Writ of Mandamus:

  • Mandamus, unlike Habeas Corpus, cannot be used against a private person.
  • Mandamus is not available under the following circumstances:
  • To carry out a departmental order that isn't backed up by statute
  • To compel someone to work when the type of work is optional and not necessary
  • To make a mutual obligation enforceable
  • Mandamus cannot be given against the Indian President or State Governors, or
  • Against a High Court Chief Justice serving in a judicial capacity.


  1. C) Writ of Quo Warranto, under Article 32 of Indian Constitution

The writ of ‘Quo-Warranto' simply means ‘By what law or warrant.' This writ is issued by the Supreme Court or the High Court to prohibit an individual from illegally usurping a public office. The court examines the legality of a person's petition to a public office by this writ.

Facts concerning India's Writ of Quo-Warranto':

  • Only where a substantive public office of a permanent character established by legislation or the Constitution is concerned may a Quo-Warranto be given.
  • It is not applicable to residential or ministerial offices.
  • Remember that someone other than the aggrieved party has the right to seek relief under this writ.


  1. D) Writ of Probation, under Article 32 of Indian Constitution

Prohibition is a legal term that refers to the ‘To ban' is the literal sense of the term ‘prohibition.' A higher-ranking court issues a Prohibition writ against a lower-ranking court to discourage the latter from violating its authority or usurping jurisdiction that it does not have. Inactivity is guided by it.

Facts concerning India's Writ of Prohibition:

  • Only judicial and quasi-judicial bodies may be served with a Writ of Prohibition.
  • It can't be used against government agencies, regulatory bodies, or private citizens or entities.


  1. E) Writ of Certiorari, under Article 32 of Indian Constitution

The writ of Certiorari literally means "to be licenced" or "to be told." This writ is issued by a higher court to a lower court or tribunal, instructing them to either pass a case pending before them to themselves or to quash their decision in a case. It is released due to an excess of authority, a lack of jurisdiction, or a legal mistake. It not only stops but also corrects errors in the justice system.

Facts concerning India's Writ of Certiorari:

  • Prior to 1991, the writ of certiorari was only used to challenge judicial and quasi-judicial bodies, not regulatory agencies.
  • After 1991, the Supreme Court held that certiorari may be granted against governmental agencies that affect human rights.
  • It can't be used against legislators or private entities or organisations.
  • Application / Issuing of Directions to subordinate Courts
  1. Suit for Review
  2. Suit for Revision

We at White Code Legal, handle matters in relation to the Hon’ble High Court/s original Jurisdiction Matters. The respective issues are dealt with by our experienced lawyers in order to ensure overall legal compliance. Based on the jurisdiction and nature of the respective case, we at WCL engage internal / external expert associates