High Courts Power to issue 'writs' wider than Supreme Court

IAS Mains General Studies Sample Answers

Is the High Courts power to issue 'writs' wider than that of the Supreme Court of India?

High Courts have powers to issue writs under Article-226. To enforce Fundamental Rights (FR) or any other right. It is the duty of the Supreme Court to issue an appropriate writ to enforce any of the FRs under Article 32. It can be compared that the High Courts can issue writs even to enforce any other legal rights also, whereas the Supreme Court can enforce only Frs.

Supreme Court and High Courts both can issue some writs provided by the Constitution, such as-Habeas Corpus, Mandamus, Prohibition, Certiorari, or quo warranto. However, it is noticeable that a person can avail of the right under Article-32 as of a right because it is a fundamental right whereas Article-226 do not confer any duty upon the High Courts to issue a writ. It is simply dependent upon discretionary power of High Courts. But, in matter of area wise jurisdiction, the Supreme Court has wide power whereas the High Courts' jurisdiction is limited to any particular area.

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