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Difficulty: MediumFundamental Rights, Directive Principles, and Fundamental Duties

Regarding constitutional remedies under the Indian Constitution, which of the following statements accurately distinguishes the writ jurisdiction of the Supreme Court under Article 32 from that of High Courts under Article 226?

  1. High Courts can issue writs for both Fundamental Rights and other ordinary legal rights, whereas the Supreme Court can issue writs under Article 32 strictly for the enforcement of Fundamental Rights.Answer
  2. B
    The writ jurisdiction of the Supreme Court under Article 32 is wider in subject-matter scope than that of High Courts under Article 226 because it extends to non-fundamental statutory rights.
  3. C
    An aggrieved party must exhaust remedies under Article 226 in the High Court before directly approaching the Supreme Court under Article 32.
  4. D
    The right to move the Supreme Court under Article 32 can be suspended by an executive order issued by a State Governor during local security emergencies.

Answer

High Courts can issue writs for both Fundamental Rights and other ordinary legal rights, whereas the Supreme Court can issue writs under Article 32 strictly for the enforcement of Fundamental Rights.
The statement claiming that High Courts can issue writs for both Fundamental Rights and other ordinary legal rights is correct. Article 32 allows writ petitions exclusively for enforcing Part III Fundamental Rights, while Article 226 permits High Courts to issue writs for Fundamental Rights as well as ordinary legal rights ('for any other purpose').

Step-by-Step Solution

1
Examine the scope of Article 32 (Supreme Court Writ Jurisdiction).
Article 32 is a Fundamental Right guaranteed under Part III for the enforcement of Fundamental Rights only.
The Supreme Court cannot issue writs under Article 32 for ordinary legal or statutory rights.
2
Examine the scope of Article 226 (High Court Writ Jurisdiction).
Article 226 confers powers on High Courts to issue writs for the enforcement of Fundamental Rights and 'for any other purpose'.
'For any other purpose' means enforcement of ordinary legal and statutory rights, making Article 226 broader in subject matter scope.
3
Compare territorial vs subject-matter scope differences.
While Supreme Court's territorial reach is wider (entire country), High Court's subject-matter scope is broader.
Correctly identifying this distinction evaluates mastery over Constitutional Remedies.

Key Concept

Writ Jurisdiction Comparison (Article 32 vs Article 226)
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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