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This research paper will explore transition or transformation of writ from royal prerogative instruments to constitutional remedies under Indian judicial systems rooted in judicial activism and rule of law. This paper examines the origin and history of its evolution in the medieval England as well as their presence in India as a part of colonial legacy. It analyses how prerogative writs were introduced in limited manner through legislative enactments.
With the adoption of Indian constitution writ underwent a significant change. Article 32 and 226 codified the writs jurisdiction in India endorsed them with power for the enforcement of fundamental rights.
The transition reflects or underscores India’s commitment to rule of law and judicial activism.
Initially the particular characteristics of writs of mandamus, certiorari, habeas corpus etc., was that it was available for the use of king or crown to prevent encroachment to royal prerogative or matters exclusively reserved for consideration of the crown.
Keywords:
Royal prerogative, Constitutional remedies, Article 32 and 226, Protection of Rights.
Cite Article:
"Evolution of writs jurisdiction in India: Transition of writs from royal prerogative to constitutional remedies. ", International Journal for Research Trends and Innovation (www.ijrti.org), ISSN:2456-3315, Vol.11, Issue 2, page no.a437-a445, February-2026, Available :http://www.ijrti.org/papers/IJRTI2602059.pdf
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator