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Q8 (CAPF/2023) Polity & Governance › Judiciary › High Courts structure and powers

Which among the following statements regarding the powers of the High Courts under Article 226 of the Constitution of India is not correct?

Result
Your answer: —  Â·  Correct: C
Explanation

Article 226 of the Constitution of India empowers High Courts to issue five types of writs: habeas corpus, mandamus, quo warranto, certiorari, and prohibition [1][2]. Unlike the Supreme Court's power under Article 32, which is limited to the enforcement of Fundamental Rights (Part III), the High Court's writ jurisdiction is broader, extending to the enforcement of any rights conferred by Part III and for 'any other purpose,' such as legal rights [1]. High Courts can issue these writs to any person or authority within their territorial jurisdiction [1]. Crucially, Article 226(4) explicitly states that the power conferred on a High Court shall not be in derogation of the power conferred on the Supreme Court by Article 32(2). This means the High Court's power is concurrent and does not diminish or override the Supreme Court's authority to protect fundamental rights.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > WRITS-TYPES AND SCOPE > p. 98
  2. [2] https://www.highcourtchd.gov.in/index.php/Result/library/?mod=jurisdication
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