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Zorluk: OrtaIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

Consider the following statements regarding the constitutional jurisdiction of the Supreme Court and High Courts in India:

1. The writ jurisdiction of a High Court under Article 226 is broader than that of the Supreme Court under Article 32 because it extends to non-fundamental legal rights.
2. The Supreme Court's power to grant Special Leave to Appeal under Article 136 applies to decisions rendered by tribunals constituted under laws relating to the Armed Forces.
3. The High Court's power of superintendence under Article 227 applies over all subordinate courts and tribunals within its territorial jurisdiction, excluding military tribunals.

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. 1 and 3 onlyCevap
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Cevap

Statements 1 and 3 are correct.
The option selecting statements 1 and 3 only is correct. Article 226 gives High Courts broader subject-matter writ powers ('for any other purpose') than Article 32. Additionally, both Article 136(2) and Article 227(4) constitutionally exclude courts-martial and military tribunals from the respective Special Leave Appeal and High Court superintendence jurisdictions.

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1
Evaluate Statement 1 regarding Writ Jurisdiction scope (Article 32 vs Article 226).
Article 32 allows writ petitions strictly for enforcement of Fundamental Rights, whereas Article 226 enables High Courts to issue writs for Fundamental Rights as well as 'for any other purpose' (ordinary legal rights). Statement 1 is correct.
Constitutional provisions explicitly define the remedy scope under Article 226 wider than Article 32.
2
Evaluate Statement 2 regarding Special Leave Petition under Article 136.
Article 136(2) explicitly states that nothing in Article 136(1) applies to any judgment, determination, sentence or order passed by any court or tribunal constituted under any law relating to the Armed Forces. Statement 2 is incorrect.
Armed forces tribunals are constitutional exceptions to Article 136.
3
Evaluate Statement 3 regarding High Court Superintendence under Article 227.
Article 227(4) explicitly specifies that the power of superintendence does not extend to any court or tribunal constituted by or under any law relating to the Armed Forces. Statement 3 is correct.
Military courts are statutory exceptions to High Court administrative and judicial superintendence under Article 227.

Anahtar Kavram

Scope of Writ Jurisdiction and Exceptions to Supreme Court / High Court Authority
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Konular

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

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