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

Consider the following statements regarding the jurisdictional powers of the Supreme Court and High Courts under the Constitution of India:

1. Both the Supreme Court and High Courts possess the power of judicial review to examine and strike down a constitutional amendment if it violates the basic structure of the Constitution.
2. The writ jurisdiction of the Supreme Court under Article 32 is a Fundamental Right in itself, whereas the writ jurisdiction of High Courts under Article 226 is wider in scope as it extends to the enforcement of non-fundamental legal rights.
3. The Supreme Court's plenary jurisdiction under Article 136 (Special Leave Petition) is limited strictly to final judgments of High Courts and cannot be invoked against interlocutory orders or decisions of statutory tribunals.

Which of the statements given above are correct?

  1. 1 and 2 onlyAnswer
  2. B
    2 and 3 only
  3. C
    1 and 3 only
  4. D
    1, 2 and 3

Answer

Statements 1 and 2 are correct, while statement 3 is incorrect. Therefore, the option stating '1 and 2 only' is the correct choice.
The option stating '1 and 2 only' is correct because both statements 1 and 2 correctly formulate constitutional law. High Courts (Art 226) and the Supreme Court (Art 32) both hold judicial review powers over constitutional amendments under the Basic Structure doctrine. Article 32 is restricted to Fundamental Rights, whereas Article 226 extends to ordinary legal rights ('any other purpose'). Statement 3 is false because Article 136 explicitly allows special leave against any determination or order (interlocutory or final) of any tribunal or court, except military tribunals.

Step-by-Step Solution

1
Analyze Statement 1 regarding Judicial Review of constitutional amendments by Supreme Court and High Courts.
Statement 1 is correct. In Kesavananda Bharati (1973) and L. Chandra Kumar (1997), the Supreme Court ruled that judicial review under Articles 32 and 226 is an integral part of the basic structure of the Constitution. Both High Courts and the Supreme Court can examine whether a constitutional amendment violates the basic structure.
Judicial review is a basic feature granted to Constitutional Courts (SC and HCs).
2
Analyze Statement 2 comparing writ jurisdiction scope under Article 32 and Article 226.
Statement 2 is correct. Article 32 is guaranteed under Part III and can be invoked ONLY for enforcing Fundamental Rights. Article 226 allows High Courts to issue writs for enforcing Fundamental Rights as well as 'for any other purpose' (ordinary legal rights), making HC writ jurisdiction wider in functional scope.
Article 32 is a fundamental right itself, while Article 226 covers wider remedial grounds.
3
Analyze Statement 3 regarding the scope of Article 136 (Special Leave Petition).
Statement 3 is incorrect. Article 136(1) states that the Supreme Court may grant special leave to appeal from 'any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal'. It is not restricted to final judgments nor only to High Courts, and covers interlocutory orders and statutory tribunals.
The text of Article 136 encompasses both final and interlocutory orders across all courts and tribunals (except armed forces tribunals under Art 136(2)).

Key Concept

Constitutional Jurisdiction of Supreme Court vs. High Courts: Judicial Review, Writ Scope (Art 32 vs 226), and Special Leave Petition (Art 136)
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Topics

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

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