1.Writ Jurisdiction over Private Entities (Writ Jurisdiction)
What & Where
Verdict: 2025 SC case S. Shobha v. Muthoot Finance held NBFCs, scheduled banks outside writ ambit unless doing public duties.
Constitutional Hooks: Articles 32 (SC) & 226 (HC) empower writs; Article 12 defines “State” controlling writ reach.
Geography: Applies across Indian territory; HC writs limited to own jurisdiction unless cause-of-action arises locally.
Quick Facts for MCQs
Legal & Policy
- Function-test: Entity liable to writ only if statute imposes governmental or essential public function.
- Regulation-alone: Mere RBI oversight does not convert private firm into “State”.
- Article 32 right: SC cannot refuse writ plea for FR breach; HC discretion exists under 226.
Fundamental Rights
- Writ-for-rights: SC writs solely for FR enforcement; HC additionally for statutory/other legal rights.
- Public-law element: Private denial of a statutorily imposed public duty opens writ remedy.
Judicial Process
- Territorial reach: SC nationwide; HC restricted to own state unless cause arises within.
- Non-issuance instances: Mandamus barred against President, Governors, duties sans statutory backing.
Financial Sector
- NBFC status: Not “State”; no writs unless NBFC undertakes delegated governmental tasks.
- Scheduled banks treated identically under verdict, reinforcing private-entity exemption.
Key Data Points
| Feature | Data-Point |
|---|---|
| Case year | 2025 |
| Key ruling | Function test, not RBI regulation, decides writ maintainability |
| Articles conferring writ power | 32 (SC only FR), 226 (HC FR + other rights) |
| Writ types | Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto |
| Definition of “State” | Government, legislatures, local & other authorities (Art 12) |
| NBFC duty scope | Limited to account-holders & borrowers, not general public |
Related UPSC Prelims PYQs
With reference to the writs issued by the Courts in India, consider the following statements:
Which of the following conditions is/are necessary for the issue of a writ of certiorari in India?






