Q. With reference to Article 32 of the Indian Constitution, consider the following:
1. Only the Fundamental Rights guaranteed by the Constitution can be enforced under this Article.
2. Parliament can empower any court to issue writs of all kinds.
3. The Supreme Court has original and exclusive jurisdiction with regards to the enforcement of fundamental rights.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is correct. Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32 and not any other right like non-fundamental constitutional rights, statutory rights, and customary rights and so on. In other words, the Supreme Court, under Article 32, cannot determine a question that does not involve Fundamental Rights. Article 32 cannot be invoked simply to determine the constitutionality of an executive order or a legislation unless it directly infringes any of the fundamental rights.
Statement 2 is correct. Parliament can empower any other court to issue directions, orders and writs of all kinds. However, this can be done without prejudice to the above powers conferred on the Supreme Court. Any other court here does not include high courts because Article 226 has already conferred these powers on the high courts.
Statement 3 is incorrect. In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive. It is concurrent with the jurisdiction of the high court under Article 226. It vests original powers in the high court to issue directions, orders and writs of all kinds for the enforcement of the Fundamental Rights. It means when the Fundamental Rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly.

