Examkin

Soru

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

Which of the following statements regarding the writ jurisdiction of the Supreme Court and High Courts under the Constitution of India are correct?

  1. The Supreme Court can issue writs only for the enforcement of Fundamental Rights.Cevap
  2. A High Court can issue writs for the enforcement of Fundamental Rights as well as for any other legal purpose.Cevap
  3. C
    The writ jurisdiction of the Supreme Court under Article 32 is wider in scope than the writ jurisdiction of High Courts under Article 226.
  4. Article 32 is itself a Fundamental Right, whereas Article 226 is not a Fundamental Right.Cevap

Cevap

The statements stating that the Supreme Court can issue writs only for Fundamental Rights, that High Courts can issue writs for Fundamental Rights as well as any other legal purpose, and that Article 32 itself is a Fundamental Right while Article 226 is not, are all correct.
The Supreme Court's writ jurisdiction under Article 32 is limited to enforcing Fundamental Rights, and Article 32 itself resides in Part III as a Fundamental Right. Conversely, High Courts under Article 226 have a broader subject-matter scope to issue writs for both Fundamental Rights and any other legal rights, though Article 226 itself is not a Fundamental Right.

Adım Adım Çözüm

1
Analyze the constitutional mandate of Article 32 for the Supreme Court.
Article 32 is in Part III of the Constitution, making the right to move the Supreme Court for enforcement of Fundamental Rights itself a Fundamental Right. The Supreme Court cannot issue writs for ordinary legal rights under Article 32.
The scope of Article 32 is restricted to remedies for enforcement of Part III rights.
2
Analyze the constitutional mandate of Article 226 for High Courts.
Article 226 allows High Courts to issue writs for Fundamental Rights and 'for any other purpose', covering statutory and legal rights.
The phrase 'for any other purpose' broadens the remedial scope of High Courts beyond that of the Supreme Court.
3
Compare the scope of writ jurisdictions between Supreme Court and High Courts.
High Court writ jurisdiction is broader in legal scope than Supreme Court writ jurisdiction, though the Supreme Court's territorial jurisdiction spans all of India.
Supreme Court writ powers are confined to Fundamental Rights, whereas High Courts cover both Fundamental Rights and common legal rights.

Anahtar Kavram

Writ Jurisdiction of Supreme Court (Article 32) versus High Courts (Article 226)
Bu soruyu puanla

Konular

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

Bu konudan daha fazla soru