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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