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Report No. 58

Use of writ jurisdiction

5.2. It is common knowledge that extensive use has been made of this jurisdiction of the High Courts, not only by setting aside in valid laws and subordinate legislation, but also by nullifying administrative orders which infringe fundamental or other rights and by supervision over quasi-judicial authorities. If, for example, a High Court holds a law to be invalid, it will ordinarily issue a mandamus or give a direction commanding the person enforcing or seeking to enforce the law to refrain from doing so.1

1. Mohd. Hanif Qureshi v. State of Bihar, 1959 SCR 629.

Structure and Jurisdiction of the Higher Judiciary Back

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