CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India
Under the Constitution, what is the main difference between the writ jurisdiction of the Supreme Court under Article 32 and that of a High Court under Article 226?
The High Court's writ power under Article 226 is wider. It can issue writs to enforce Fundamental Rights and also for any other purpose, including legal rights, whereas the Supreme Court under Article 32 acts only for enforcement of Fundamental Rights.
- AArticle 226 can be used for enforcing Fundamental Rights and also for any other legal rightCorrect
- BArticle 32 can be used for ordinary legal rights, while Article 226 only for Fundamental Rights
- CBoth are restricted to enforcement of Fundamental Rights only
- DArticle 226 allows only habeas corpus and mandamus
Explanation
Article 32 is confined to enforcement of Fundamental Rights, whereas Article 226 empowers High Courts to issue writs for Fundamental Rights and for 'any other purpose', covering ordinary legal rights as well. Hence the High Court's writ jurisdiction is wider in scope.
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