Writ Jurisdictions of the Supreme Courts
Under Article 226, the High Courts have been conferred more extensive powers to issue writ and directions for the enforcement of ordinary legal rights, while the Supreme Court cannot do so. Under Article 32, the Supreme Court can issue writs for the enforcement of fundamental rights alone. Art. 32 guarantees the right to move the apex court for the enforcement of fundamental rights, and this right is in itself a fundamental right, while Art. 226 confers on the High Courts the power to enforce these rights through appropriate writs. The power of the High Courts to issue directions or writs for enforcement of fundamental rights is concurrent with Supreme Court and it will not be derogatory to the powers conferred on the Supreme Court in this regard. Thus, after an application has been refused by a High Court, a similar application can be made to the Supreme Court.
The 42nd Amendment of Constitution introduced the concept of Administrative Tribunal. Parliament may, by law, provide for adjudication of trial by these tribunals of all disputes and complaints relating to recruitment and conditions of service of all public servents. It excludes the jurisdiction of all other courts except the Supreme Court which may, in its discreption, grant special leave to appeal from any decision of the Administrative Tribunal. Such Tribunals have already been set up in a few States.
Public Interest Litigation
Article 21 guarantees protection of life and personal liberty and that no one can be depreived of these except according to the established procedure of law.
The normal procedure is that only an aggrieved person can initiate the process of law for judicial redress. In a number of cases the Supreme Court has taken congnisance of violation of Article 21 by the State or its official machinery even if the aggrieved person or party has not moved the Supreme Court. The stand taken by the Supreme Court is that in public interest, any person can approach the Court on behalf of any person or group, if he/she has suffered any disadvantage or injury caused by a breach of law or legal procedure by the State or its machinery.