Examkin

Question

Difficulty: MediumIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

Which of the following statements regarding the writ jurisdiction and constitutional powers of the Supreme Court and High Courts in India are correct?

  1. The High Court under Article 226 has the authority to issue writs not only for the enforcement of Fundamental Rights but also for any ordinary legal right.Answer
  2. The power of judicial review of High Courts and the Supreme Court under Articles 226 and 32 forms part of the basic structure of the Constitution of India.Answer
  3. C
    The writ jurisdiction of the Supreme Court under Article 32 is wider in subject-matter scope than the writ jurisdiction of High Courts under Article 226.
  4. D
    The constitutional power of the Supreme Court and High Courts to punish for contempt under Articles 129 and 215 can be limited or removed by ordinary statutory legislation.

Answer

The correct statements are that High Courts under Article 226 can issue writs for both Fundamental Rights and ordinary legal rights, and that the power of judicial review under Articles 32 and 226 forms an essential part of the basic structure of the Indian Constitution.
High Courts under Article 226 possess broader subject-matter writ powers than the Supreme Court under Article 32 because High Courts can enforce both Fundamental Rights and ordinary legal remedies. Furthermore, judicial review under Articles 32 and 226 was definitively established as a basic structure feature of the Indian Constitution in L. Chandra Kumar v. Union of India.

Step-by-Step Solution

1
Evaluate the scope of High Court writ jurisdiction under Article 226 compared to Supreme Court under Article 32.
Article 226 covers Fundamental Rights and 'any other purpose' (ordinary legal rights), making its subject-matter scope wider than Article 32.
Article 32 is restricted specifically to enforcing Part III Fundamental Rights, whereas Article 226 extends to non-fundamental legal rights.
2
Examine constitutional status of judicial review under Articles 32 and 226.
The Supreme Court in L. Chandra Kumar (1997) declared judicial review under Articles 32 and 226 as part of the basic structure of the Constitution.
Constitutional amendments cannot eliminate judicial review powers of the High Courts or Supreme Court.
3
Assess the nature of contempt powers under Articles 129 and 215.
Articles 129 and 215 grant inherent constitutional status to the Supreme Court and High Courts as Courts of Record with power to punish for contempt.
Statutory law (such as the Contempt of Courts Act) cannot curtail or abrogate constitutional powers vested directly by Articles 129 and 215.

Key Concept

Constitutional Jurisdiction of Supreme Court and High Courts
Rate this question

Topics

Indian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

More questions from this topic