Which among the following statements regarding the powers of the High

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

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It can issue writs of habeas corpus, mandamus, quo warranto, certiorari, and prohibition.

Writs can be issued to enforce any rights conferred by Part-III and for any other purpose.

This power can derogate the power conferred on the Supreme Court under Article 32(2).

Writ can be issued to any authority under its jurisdiction.

Answer is Right!

Answer is Wrong!

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UPSC CAPF – 2023

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Statement C is incorrect. The power of the High Courts under Article 226 to issue writs is very wide and co-extensive with that of the Supreme Court under Article 32 in matters of fundamental rights, but it also extends to the enforcement of any other legal right, unlike Article 32 which is limited to fundamental rights. However, the High Court’s power under Article 226 does *not* derogate (lessen or diminish) the power conferred on the Supreme Court under Article 32(2). Recourse under Article 32 is itself a fundamental right, and it cannot be taken away or diluted by the existence of a parallel power under Article 226. Both powers exist independently, and the aggrieved person can approach either the High Court or the Supreme Court directly for enforcement of fundamental rights, although typically the High Court is approached first.

Article 226 grants High Courts extensive writ jurisdiction to enforce fundamental rights and other legal rights. This power is a constitutional power parallel to Article 32, but it cannot negate or reduce the scope and force of the fundamental right guaranteed by Article 32 to directly approach the Supreme Court for enforcement of fundamental rights.

Statements A, B, and D correctly describe aspects of the High Court’s power under Article 226: they can issue the specified writs (A), for fundamental and other legal rights (B), against authorities within their territorial jurisdiction (D). The High Court’s power is discretionary compared to the mandatory nature of Article 32 when a fundamental right is violated.

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