MasteryExams
Indian Polity • JudiciaryHard

Analyze the constitutional interplay between Article 226 and Article 32 when a citizen approaches the High Court of Himachal Pradesh versus the Supreme Court for the violation of fundamental rights.

A. The writ jurisdiction of the Supreme Court under Article 32 is wider in scope than the writ jurisdiction of the High Court under Article 226.
B. The High Court's writ jurisdiction under Article 226 covers both fundamental rights and non-fundamental legal rights, making its territorial and subject-matter scope broader for 'any other purpose' compared to Article 32.✓ Correct Answer
C. High Courts can issue writs only against private entities, whereas the Supreme Court issues writs exclusively against state instrumentalities.
D. A citizen must exhaust all appellate remedies in district courts before invoking Article 226 in the High Court.

💡 Solution & Explanation

While Article 32 is restricted solely to the enforcement of Fundamental Rights and is itself a fundamental right, Article 226 allows High Courts to issue writs for fundamental rights as well as 'for any other purpose', covering ordinary legal rights, which gives Article 226 a broader functional scope in terms of subject matter. The Supreme Court's territorial jurisdiction extends across India, whereas High Courts are limited by territorial bounds, but the range of issues actionable under Article 226 is wider. Writs under both articles lie primarily against state instrumentalities under Article 12. Exhaustion of ordinary remedies is a matter of self-restraint rather than an absolute bar to writ petitions.

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