Restriction of the writ jurisdiction of the High Courts under Article ...
The correct answer is option 'A': An amendment of the Constitution passed by two thirds majority of members present and voting and a majority of the total membership of each House of Parliament.
Explanation:
Under Article 226 of the Indian Constitution, the High Courts have been granted the power to issue writs for the enforcement of fundamental rights and for any other purpose. This power is known as the writ jurisdiction of the High Courts. However, this power is not absolute and can be restricted under certain circumstances.
The restriction of the writ jurisdiction of the High Courts can only be done through an amendment of the Constitution. The correct procedure for such an amendment is mentioned in Article 368 of the Constitution. According to Article 368, an amendment to the Constitution can be made by the Parliament with the special majority.
The special majority required for amending the Constitution includes:
- A majority of the total membership of each House of Parliament, and
- A majority of the members present and voting in each House of Parliament, provided that the amendment is also ratified by the legislatures of at least one-half of the states.
In the case of restricting the writ jurisdiction of the High Courts, the amendment would require the following:
- A two-thirds majority of the members present and voting in each House of Parliament, and
- A majority of the total membership of each House of Parliament.
Therefore, option 'A' is the correct answer as it accurately describes the process of amending the Constitution to restrict the writ jurisdiction of the High Courts.