Question

Q. How does the writ jurisdiction of the Supreme court differ from that of the High Court?

Which of the statements given above is/are correct?

• A. 1 only
• B. 2 only
• C. Both 1 and 2
• D. Neither 1 nor 2

Answer 1

The correct option is C Both 1 and 2

Explanation:

• Statement 1 is correct. Under Article 32, anyone can move the supreme court to issue the writs only for the enforcement of fundamental rights only whereas, under Article 226, one can move the High courts to get writs issued for matters falling outside the scope of fundamental rights as well.
• Statement 2 is correct. The right to constitutional remedies for the enforcement of fundamental rights is itself a fundamental right under article 32. Hence this article was called the soul of the constitution by Dr. Ambedkar without which the constitution will be null and void. However the same is not true for that of the high courts.
• Additional information
  • The territorial jurisdiction of the supreme court extends throughout the country for issuance of writs under this, whereas that of High courts are generally restricted to its territorial jurisdiction.