Writ jurisdiction Supreme Court of India
Q. Which of the following is/are true regarding the writ jurisdiction of the Supreme Court?
1) It is smaller than that of the High Court.
2) Supreme Court cannot issue writs for purposes other than enforcement of Fundamental Rights.- Published on 03 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
Writ Jurisdiction of Supreme Court -
- The Constitution has constituted the Supreme Court as the guarantor and defender of the fundamental rights of the citizens.
- Article 32 - The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of Fundamental rights of an aggrieved citizen.
- For this, the Supreme Court has original jurisdiction.
- This means that an aggrieved citizen can directly go to the Supreme Court.
- But even High Courts can issue writs for the enforcement of the Fundamental Rights.
- Thus, the power is not exclusive.
- Write Jurisdiction of the Supreme Court is narrower than that of the High Court is because the Supreme Court can issue writs only for the enforcement of the Fundamental Rights and no other matter.
- But, the high court can issue writs for the enforcement of the fundamental rights as well as for other matter.
- However, the Parliament can confer the power to issue writs for other purposes on the Supreme Court.
