Q. Consider the following statement:
1. The writ jurisdiction of the high court is wider than that of Supreme Court.
2. Like Supreme Court, high court also enjoys advisory jurisdiction.
Which of the statements given above is/are correct?
Answer: A
Notes:
At present, a high court enjoys the following jurisdiction and powers:
- Original jurisdiction.
- Writ jurisdiction.
- Appellate jurisdiction.
- Supervisory jurisdiction.
- Control over subordinate courts.
- A court of record.
- Power of judicial review.
The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). 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. However, the writ jurisdiction of the high court is wider than that of the Supreme Court. This is because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.
Source: Laxmikanth
