Indian Polity • JudiciaryHard
Analyze the constitutional provisions and writ jurisdiction of High Courts under Article 226: 1. The writ jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32 because High Courts can issue writs for the enforcement of Fundamental Rights as well as for any other purpose. 2. A High Court can issue writs to any person or authority, including governments located outside its territorial jurisdiction, provided the cause of action arises entirely within another state. 3. The power to issue writs under Article 226 can be abridged or curtailed by a simple majority ordinary legislation enacted by Parliament. Which of the statements given above are correct?
A. 1 only✓ Correct Answer
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Statement 1 is correct because Article 226 enables High Courts to grant relief for both constitutional and non-constitutional legal rights. Statement 2 is incorrect because a High Court's territorial reach is restricted to its state jurisdiction or where the cause of action arises, and it cannot routinely issue writs against authorities completely outside its jurisdiction without nexus. Statement 3 is incorrect because Article 226 is a constitutional power that cannot be curtailed by ordinary legislative acts.
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