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.
💡 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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