With reference to the writ jurisdiction in India, which of the following statements is/are correct?

1. The writ jurisdiction of the High Court is wider than that of the Supreme Court because the High Court can issue writs for both fundamental rights and ordinary legal rights.
2. The writ jurisdiction of the High Court is exclusive, meaning an individual must approach the High Court before appealing to the Supreme Court.

Question

With reference to the writ jurisdiction in India, which of the following statements is/are correct?

1. The writ jurisdiction of the High Court is wider than that of the Supreme Court because the High Court can issue writs for both fundamental rights and ordinary legal rights.
2. The writ jurisdiction of the High Court is exclusive, meaning an individual must approach the High Court before appealing to the Supreme Court.

Accepted Answer

Statement 1 is correct: The Supreme Court can issue writs only for the enforcement of fundamental rights under Article 32, whereas a High Court can issue writs under Article 226 for the enforcement of fundamental rights as well as ordinary legal rights. Therefore, the High Court's writ jurisdiction is broader than the Supreme Court's. Statement 2 is incorrect: The writ jurisdiction of the High Court is concurrent with the Supreme Court, not exclusive. An aggrieved person has the option to directly approach either of the courts.

Answer

Answer