Previous Year Question
Consider the following statements concerning the powers of the Supreme Court to issue certain writs to stop violation of Fundamental Rights:
The Supreme Court has power to issue writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari which is appropriate for the enforcement of Fundamental Rights.
Parliament may by law empower any other court to exercise within its jurisdiction the powers given to Supreme Court.
Which of the above mentioned statement/statements is/are correct?
Select the correct answer from the code given below:
Code:
Only 2
Only 1
Neither 1 nor 2
Both 1 and 2
Correct Answer: D
Detailed Solution
Statement 1 is correct. Under Article 32(2) of the Constitution, the Supreme Court has the power to issue appropriate directions, orders or writs for the enforcement of the Fundamental Rights conferred by Part III. These expressly include Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari.
Habeas Corpus protects personal liberty; Mandamus may direct a public authority to perform its legal/public duty; Prohibition prevents a subordinate court or tribunal from exceeding its jurisdiction; Certiorari enables judicial review of the relevant proceeding/order by a superior court; and Quo Warranto questions the legal authority by which a person holds a public office.
Statement 2 is also correct. Under Article 32(3), Parliament may by law empower any other court, within the local limits of its jurisdiction, to exercise all or any of the powers exercisable by the Supreme Court under Article 32(2).
Article 32(1) is also important. It guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights conferred by Part III. Article 32 therefore itself forms part of the Right to Constitutional Remedies in Part III.
For examination purposes, the distinction between Article 32 and Article 226 is also useful. The Supreme Court's writ jurisdiction under Article 32 is primarily connected with the enforcement of Fundamental Rights, whereas the writ jurisdiction of High Courts under Article 226 extends to Fundamental Rights as well as “for any other purpose.”