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Indian Polity • JudiciaryMedium

What is the primary difference between the writ jurisdictions of the Supreme Court under Article 32 and the High Courts under Article 226?

A. The Supreme Court can issue writs for any legal right, whereas High Courts can issue writs only for fundamental rights.
B. The Supreme Court can issue writs only for the enforcement of fundamental rights, whereas High Courts can issue writs for fundamental rights as well as for any other legal purpose.✓ Correct Answer
C. High Courts can issue writs only within their respective states, while the Supreme Court has no territorial limits for writs.
D. There is no functional difference between the writ jurisdictions under both articles.

💡 Solution & Explanation

Article 32 restricts the Supreme Court's writ jurisdiction strictly to the enforcement of Fundamental Rights guaranteed under Part III, making the right to move the Supreme Court a fundamental right itself. Conversely, Article 226 empowers High Courts to issue writs not only for enforcement of Fundamental Rights but also for any other ordinary legal purpose, giving High Courts a wider scope of remedial action. Additionally, the territorial jurisdiction of a High Court for issuing writs extends to persons or authorities within its territorial limits or outside if the cause of action arises within its jurisdiction.

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