The correct answer is: C. Both 1 and 2.
Article 226 of the Constitution vests in the High Court the power to issue writs for the restoration of Fundamental Rights. This power is derogatory to similar powers of Supreme Court.
The power of the High Court to issue writs is not limited to the enforcement of Fundamental Rights. It can also issue writs for the enforcement of any other legal right. However, the power of the High Court to issue writs is subject to the control of the Supreme Court. The Supreme Court can review the orders of the High Court and set them aside if it finds that they are wrong.
The power of the High Court to issue writs is an important safeguard against the violation of fundamental rights. It is a powerful tool that can be used to protect the rights of the people.
Here is a brief explanation of each option:
- Option 1: Article 226 of the Constitution vests in the High Court the power to issue writs for the restoration of Fundamental Rights.
This is correct. Article 226 of the Constitution states that “every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including the Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by Part III”.
- Option 2: This power is derogatory to similar powers of Supreme Court.
This is also correct. The Supreme Court has the power to issue writs under Article 32 of the Constitution. However, the power of the High Court to issue writs is not limited to the enforcement of Fundamental Rights. It can also issue writs for the enforcement of any other legal right.
- Option 3: Both 1 and 2.
This is the correct answer. Both options 1 and 2 are correct.