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CMA Intermediate · Business Laws and Ethics · Introduction to Law and Legal System in India

Ramesh, a resident of Pune, files a writ petition directly in the Bombay High Court claiming that a state authority has violated his fundamental right to carry on trade. Under which provision does a High Court derive its power to issue such writs?

A High Court issues writs under Article 226 of the Constitution. This power covers enforcement of fundamental rights and also other legal rights. Article 32 gives the similar remedy only against the Supreme Court, so Ramesh's petition before the Bombay High Court rests on Article 226.

  1. AArticle 32 of the Constitution, which applies to High Courts and the Supreme Court alike
  2. BArticle 136 of the Constitution, the special leave jurisdiction
  3. CArticle 226 of the Constitution, which empowers High Courts to issue writs for fundamental rights and other legal purposesCorrect
  4. DArticle 124 of the Constitution, dealing with establishment of the Supreme Court

Explanation

Article 226 empowers High Courts to issue directions, orders and writs for enforcing fundamental rights and for any other purpose. Article 32 is the remedy before the Supreme Court only, so option A is wrong. Article 136 concerns special leave to appeal and Article 124 concerns establishment of the Supreme Court.

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