Which of the following is true regarding the writ jurisdiction under Articles 32 and 226 of the Indian Constitution?

The Correct answer is Under Article 32, Parliament has the power to allow other courts to issue writs for the enforcement of Fundamental Rights.

Key Points

• Article 32 of the Indian Constitution guarantees the right to constitutional remedies, allowing individuals to move the Supreme Court for the enforcement of their Fundamental Rights.
• The provision explicitly empowers Parliament to authorize any other court, apart from the Supreme Court, to issue writs for the enforcement of Fundamental Rights.
• This ensures that the protection of Fundamental Rights is not solely confined to the Supreme Court but can be extended to other courts as deemed necessary by Parliament.
• Writs are legal instruments issued by courts to enforce rights or address grievances. The five main writs under Articles 32 and 226 are: Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
• While Article 226 enables High Courts to issue writs for Fundamental Rights and for other purposes, Article 32 is specifically focused on enforcing Fundamental Rights.
• This provision underscores the importance of Fundamental Rights as the cornerstone of the Indian Constitution and ensures their effective enforcement.

 Additional Information

• The writ of Quo Warranto can only be issued by the President of India
  • This statement is incorrect because the writ of Quo Warranto is issued by the courts, not by the President of India.
  • The writ of Quo Warranto is used to challenge the legality of a person's claim to hold a public office.
  • It ensures that a person who unlawfully occupies an office is removed.
• Only the Supreme Court has the authority to issue writs for the enforcement of Fundamental Rights
  • This is incorrect because both the Supreme Court (under Article 32) and the High Courts (under Article 226) have the authority to issue writs for the enforcement of Fundamental Rights.
  • The difference lies in the scope: the Supreme Court focuses solely on Fundamental Rights, while High Courts can issue writs for both Fundamental Rights and other legal rights.
• High Courts can issue writs under Article 226 only for the enforcement of Fundamental Rights
  • This is incorrect because Article 226 empowers High Courts to issue writs not only for the enforcement of Fundamental Rights but also for other purposes.
  • This broader jurisdiction makes High Courts versatile in addressing legal grievances.