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Consider the following statements.
1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction
2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction
Which of these statements is/are correct?
- a)1 Only
- b)2 Only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements.1. A remedy under Article 32 is in ...
A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction. On the other hand, a remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdiction. Article 32 does not merely confer power on the Supreme Court as Article 226 does on a high court to issue writs for the enforcement of fundamental rights or other rights as part of its general jurisdiction.
The Supreme Court is thus constituted as a defender and guarantor of the fundamental rights.
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Consider the following statements.1. A remedy under Article 32 is in ...
Explanation:
Article 32 and Article 226 of the Constitution of India provide for the writ jurisdiction of the Supreme Court and High Courts, respectively. Both these Articles are designed to ensure the enforcement of Fundamental Rights guaranteed under Part III of the Constitution. However, there are certain differences between the two provisions.
Writ Jurisdiction under Article 32
Article 32 provides for the right to move the Supreme Court for the enforcement of Fundamental Rights. It is considered as a Fundamental Right in itself, and the Supreme Court has been vested with the power to issue writs to enforce these rights. The following are some of the salient features of the writ jurisdiction under Article 32:
- It is a constitutional right available to every citizen of India for the enforcement of Fundamental Rights.
- The writ jurisdiction of the Supreme Court is wider and more extensive than that of the High Courts.
- The Supreme Court may issue writs not only for the enforcement of Fundamental Rights but also for any other purpose.
- The Supreme Court cannot refuse to exercise its writ jurisdiction, as it is a constitutional duty.
- The writs issued by the Supreme Court are binding on all courts and authorities within the territory of India.
Writ Jurisdiction under Article 226
Article 226 provides for the power of High Courts to issue writs for the enforcement of Fundamental Rights as well as for any other purpose. However, the following are some of the salient features of the writ jurisdiction under Article 226:
- It is not a fundamental right but a discretionary power vested in the High Court.
- The writ jurisdiction of the High Court is limited to its territorial jurisdiction.
- The High Court may refuse to exercise its writ jurisdiction if it finds that there is an alternative remedy available to the aggrieved party.
- The writs issued by the High Court are binding only within the territorial jurisdiction of the High Court.
Conclusion
In light of the above discussion, it can be concluded that both the statements are correct. While a remedy under Article 32 is a fundamental right and the Supreme Court cannot refuse to exercise its writ jurisdiction, a remedy under Article 226 is discretionary, and the High Court may refuse to exercise its writ jurisdiction.
Article 32 and Article 226 of the Constitution of India provide for the writ jurisdiction of the Supreme Court and High Courts, respectively. Both these Articles are designed to ensure the enforcement of Fundamental Rights guaranteed under Part III of the Constitution. However, there are certain differences between the two provisions.
Writ Jurisdiction under Article 32
Article 32 provides for the right to move the Supreme Court for the enforcement of Fundamental Rights. It is considered as a Fundamental Right in itself, and the Supreme Court has been vested with the power to issue writs to enforce these rights. The following are some of the salient features of the writ jurisdiction under Article 32:
- It is a constitutional right available to every citizen of India for the enforcement of Fundamental Rights.
- The writ jurisdiction of the Supreme Court is wider and more extensive than that of the High Courts.
- The Supreme Court may issue writs not only for the enforcement of Fundamental Rights but also for any other purpose.
- The Supreme Court cannot refuse to exercise its writ jurisdiction, as it is a constitutional duty.
- The writs issued by the Supreme Court are binding on all courts and authorities within the territory of India.
Writ Jurisdiction under Article 226
Article 226 provides for the power of High Courts to issue writs for the enforcement of Fundamental Rights as well as for any other purpose. However, the following are some of the salient features of the writ jurisdiction under Article 226:
- It is not a fundamental right but a discretionary power vested in the High Court.
- The writ jurisdiction of the High Court is limited to its territorial jurisdiction.
- The High Court may refuse to exercise its writ jurisdiction if it finds that there is an alternative remedy available to the aggrieved party.
- The writs issued by the High Court are binding only within the territorial jurisdiction of the High Court.
Conclusion
In light of the above discussion, it can be concluded that both the statements are correct. While a remedy under Article 32 is a fundamental right and the Supreme Court cannot refuse to exercise its writ jurisdiction, a remedy under Article 226 is discretionary, and the High Court may refuse to exercise its writ jurisdiction.
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Consider the following statements.1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdictionWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements.1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdictionWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements.1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdictionWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements.1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdictionWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
Consider the following statements.1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdictionWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements.1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdictionWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements.1. A remedy under Article 32 is in itself a Fundamental Right and hence, the Supreme Court may not refuse to exercise its writ jurisdiction2. A remedy under Article 226 is discretionary and hence, a high court may refuse to exercise its writ jurisdictionWhich of these statements is/are correct?a) 1 Onlyb) 2 Onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
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