Political Science · Political Institutions in India
UGC NET June 2015 Political Science
Under which Article/Articles can the High Courts and the Supreme Court issue writs?
AArticles 44 and 45
BArticles 123 and 213
CArticles 32 and 226 ✓ Correct
DArticles 53 and 153
Correct answer: (C) Articles 32 and 226 — The Supreme Court issues writs under Article 32 and the High Courts under Article 226, so the answer is Articles 32 and 226.
Explanation
★The Supreme Court issues writs under Article 32 and the High Courts under Article 226, so the answer is Articles 32 and 226.
★Article 32 gives the right to move the Supreme Court for the enforcement of fundamental rights and is itself a fundamental right.
★The Supreme Court has been made the protector and guarantor of fundamental rights through Article 32.
★Article 226 empowers the High Courts to issue writs both for the enforcement of fundamental rights and for any other legal right.
★The writ jurisdiction of the High Courts under Article 226 is therefore wider than that of the Supreme Court under Article 32.
★Both can issue the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.
★For NET, contrast Article 32 (fundamental rights only) with Article 226 (fundamental and other legal rights).
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