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Report No. 58

Supreme Courts observations as to the power to issue writs

5.16. As the Supreme Court has observed:

"In view of the express provisions in our Constitution, we need not look back to the early history of the procedural technicalities of these writs in English law, nor feel oppressed by any difference or change of opinion expressed in particular cases of English Judges. We can make an order or issue a writ in the nature of certiorari in all appropriate cases and in an appropriate manner, so long as we keep to the broad and fundamental principles that regulate the exercise of jurisdiction in the matter of granting such writs in English law."1

1. T.C. Basappa v. T. Nayappa, 1955 (I) SCR 250 (256): AIR 1954 SC 440, (P.K. Mukherjea, J.).

Structure and Jurisdiction of the Higher Judiciary Back

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