Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.

Debate Summary

Article 115, Draft Constitution, 1948

Parliament may, by law, confer on the Supreme Court power to issue directions or orders in the nature of the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 25 (which relates to the enforcement of fundamental rights) of this Constitution.

 

Draft Article 115 (Article 139) was debated on 27th May 1949. It conferred the power to issue writs on the Supreme Court.

 

The Chairman of the Drafting Committee proposed the deletion of the words ‘which relates to the enforcement of fundamental rights’ as they were superfluous.

 

A member proposed that the Draft Article be amended to bring its language in line with Draft Article 25 (Article 19), to read as follows:

Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of…

 

He argued that the existing language of the Draft Article was unnecessarily restrictive as it limited the writ power of the Supreme Court only to the writs named in the Draft Article. The acceptance of his amendment, he argued, ensured that Parliament was not restricted in its ability to expand the jurisdiction of the Supreme Court to confer writs, directions, and orders as it saw fit.

 

Both proposed amendments were accepted without debate. The amended Draft Article was adopted by the Assembly on 27th May 1949.