SSC · Railway
The power of the High Courts to issue certain writs is mentioned in:
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Answer: Option A — Article 226
Detailed Solution
Article 226 gives every High Court the power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, to any person or authority, including the government, within its territorial jurisdiction.
The High Courts can issue writs for the enforcement of Fundamental Rights and also "for any other purpose", that is, for the enforcement of ordinary legal rights. In this sense, the writ jurisdiction of the High Courts under Article 226 is wider than that of the Supreme Court under Article 32, which can issue writs only for the enforcement of Fundamental Rights.
However, there are important differences between the two:
Article 32 is itself a Fundamental Right. A person can approach the Supreme Court directly for the enforcement of Fundamental Rights, and the Supreme Court cannot refuse to exercise this jurisdiction. Dr B.R. Ambedkar called Article 32 the "heart and soul" of the Constitution.
Article 226 is not a Fundamental Right. It is a constitutional right, and the High Court has discretion whether or not to issue a writ.
Article 32 can be suspended during a National Emergency (under Article 359), but Article 226 can be used for other legal rights even then.
The five types of writs are:
- Habeas corpus ("to have the body"): to produce a detained person before the court and examine the legality of the detention.
- Mandamus ("we command"): to order a public official or body to perform a public duty.
- Prohibition: to stop a lower court or tribunal from exceeding its jurisdiction (issued before the case is decided).
- Certiorari ("to be certified"): to quash an order of a lower court or tribunal (issued after the decision).
- Quo warranto ("by what authority"): to inquire into the legality of a person's claim to a public office.
Why not the other options?
- ✗Article 32 gives the Supreme Court power to issue writs for Fundamental Rights.
- ✗Article 227 gives the High Court power of superintendence over all courts and tribunals in its territory.
- ✗Article 214 says there shall be a High Court for each state.
Quick tip
Remember: Writs = Article 32 (Supreme Court, Fundamental Rights only) and Article 226 (High Courts, wider scope); five writs = habeas corpus, mandamus, prohibition, certiorari and quo warranto.
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.