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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?
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?
Verified Answer
Consider the following statements.1. A remedy under Article 32 is in i...
The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly. However, the writ jurisdiction of the high court is wider than that of the Supreme Court. This is because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.
Most Upvoted Answer
Consider the following statements.1. A remedy under Article 32 is in i...
Explanation:
Article 32:
- Article 32 of the Indian Constitution provides individuals with the right to move the Supreme Court for the enforcement of Fundamental Rights.
- The Supreme Court has a duty to protect and enforce these rights, and therefore, it cannot refuse to exercise its writ jurisdiction under Article 32.
Article 226:
- Article 226, on the other hand, grants the High Courts the power to issue writs for the enforcement of Fundamental Rights as well as for any other purpose.
- The exercise of jurisdiction under Article 226 is discretionary, meaning that a High Court may refuse to entertain a writ petition if it deems fit.
Correct Answer:
- Both statements are correct because while the Supreme Court must exercise its writ jurisdiction under Article 32 as it is a Fundamental Right in itself, the High Courts have the discretion to decide whether or not to exercise their writ jurisdiction under Article 226.
Article 32:
- Article 32 of the Indian Constitution provides individuals with the right to move the Supreme Court for the enforcement of Fundamental Rights.
- The Supreme Court has a duty to protect and enforce these rights, and therefore, it cannot refuse to exercise its writ jurisdiction under Article 32.
Article 226:
- Article 226, on the other hand, grants the High Courts the power to issue writs for the enforcement of Fundamental Rights as well as for any other purpose.
- The exercise of jurisdiction under Article 226 is discretionary, meaning that a High Court may refuse to entertain a writ petition if it deems fit.
Correct Answer:
- Both statements are correct because while the Supreme Court must exercise its writ jurisdiction under Article 32 as it is a Fundamental Right in itself, the High Courts have the discretion to decide whether or not to exercise their writ jurisdiction under Article 226.
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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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