Law of Writs in Bangladesh

As a judicial control of the administrative action, constitution provides power upon the High Court to issue any writ as required, so that the speedy measure may be taken against the administrative power ultra vires. Historically, writ originated and developed in British legal system. Initially writs were Royal prerogatives. Since only the king or queen as the fountain of justice could issue writs, they were called prerogative writs.’’ They were called prerogative writs because they were conceived as being intimately connected with the rights of the crown.’’ The king issued writs through the court of king’s Bench or the Court of Chancery. The prerogative writs were five in number-Habeas Corpus, Certiorari, Prohibition, Mandamus and Quo-Warranto. The king issued them against his officers to compel them to exercise their functions properly or to prevent them from abusing their powers. Subjects being aggrieved by the actions of the king’s officials came to the King and appealed for redress. And the King through the above mentioned two courts issued them against his officials to give remedies to his subjects. Gradually as the government functions increased and the concept of rule of law emerged and the courts became independent, these writs came to be the prerogatives of the court instead of the King and lastly they came to be the prerogative of the people for they are now guaranteed rights in the constitutions of many countries and citizens can invoke them as of right. In Bangladesh, there is no prerogative power belonging to any organ of government. But the power to issue writ corresponding to English prerogative writ has been vested in the High Court Division under Article 102 of the Constitution. Article 102 of the Constitution of the Peoples Republic of Bangladesh is the core of writ jurisdiction.