ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Writ Jurisdiction

Supreme Court (Art 32) vs High Court (Art 226)

PART I — SCOPE OF PURPOSE

SUPREME COURT

Article 32

  • Only for Fundamental Rights
  • Narrower scope of purpose
  • Cannot enforce ordinary legal rights
  • Direct approach to SC
HIGH COURT

Article 226

  • For FRs AND ordinary legal rights
  • Wider scope of purpose
  • Can issue writs for "any other purpose"
  • Simultaneous concurrent jurisdiction

PART II — TERRITORY & NATURE

TERRITORIAL REACH

All-India vs State

  • SC: Against person/govt anywhere in India
  • HC: Only within its territorial jurisdiction
  • HC: Outside if cause of action arises within
  • SC territorial reach is wider
NATURE OF REMEDY

Bound vs Discretionary

  • Art 32 is a Fundamental Right itself
  • SC may not refuse to exercise its writ
  • Art 226 is a discretionary remedy
  • HC may refuse to exercise its writ

PART III — LEGISLATIVE EXTENSION

ARTICLE 32(3)

Empowering Lower Courts

  • Parliament's exclusive power
  • Can empower any other court
  • To issue writs in local limits
  • Never utilized to date
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