Q. With reference to the Writ jurisdiction of High Courts, consider the following statements:
1. Writs can be issued for enforcement of an ordinary legal right.
2. Writ jurisdiction is a part of the Basic structure of the Constitution.
3. High Court can never issue writs outside its territorial jurisdiction.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto.
Statement 1 is correct: The Constitution empowers a high court to issue writs not only for the enforcement of the fundamental rights of the citizens but also for the enforcement of an ordinary legal right.
Statement 2 is correct: In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitute a part of the basic structure of the Constitution. It cannot be ousted or excluded even by way of an amendment to the Constitution.
Statement 3 is incorrect: The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
