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when WRIT is maintainable against the SC and HC ?

Posted by jobseeker Aanchal Jha | Approved
Answers (2)

A writ is generally not maintainable against the Supreme Court (SC) or High Courts (HC) in their judicial capacity. This is because both the SC and HC are constitutional courts, and their decisions are final and binding. Under Article 32, a writ cannot be filed against a judgment or order passed by the Supreme Court, as the SC is the ultimate interpreter of the Constitution. Similarly, under Article 226, a writ is not maintainable against a High Court's judicial order, such as a judgment or decision. If someone wishes to challenge an HC’s order, they can approach the Supreme Court through an appeal or Special Leave Petition (SLP) under Article 136.

However, there are exceptions. A writ can be filed against administrative or non-judicial actions of the SC or HC. For example, if there are issues related to service matters (such as appointments or transfers within the judiciary) or administrative decisions, a writ may be maintainable. Additionally, while writs cannot challenge judicial decisions, they can be filed against subordinate courts or tribunals under Article 226 if there is a violation of natural justice, lack of jurisdiction, or an apparent error on the face of the record.

In conclusion, writs are not maintainable against the judicial actions of SC or HC, but can be against their administrative actions or those of subordinate courts and tribunals.

Answered by jobseeker Vipra | Approved

Writ is not maintainable against judicial orders of the Supreme Court or High Court. Against Supreme Court orders, only review or curative petition is allowed. Writ can lie against High Court only in administrative matters, not judicial ones.

Answered by jobseeker Lavanya Bhardwaj | Approved

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