Q. Consider the following statements regarding the writ jurisdiction in India: - The Supreme Court cannot refuse to exercise its writ jurisdiction under Article 32 of the Constitution.
- The Supreme Court can refuse to exercise its writ jurisdiction under Article 32 of the Constitution.
- The High Court cannot refuse to exercise its writ jurisdiction under Article 226 of the Constitution.
- The High Court can refuse to exercise its writ jurisdiction under Article 226 of the Constitution.
Which of the above statements is / are correct?
Answer:
Only 1 and 4
Notes: Under Article 32, the Supreme Court cannot refuse to exercise its writ jurisdiction, acting as the guarantor of fundamental rights. However, Article 226 allows High Courts discretionary power; thus, they may choose to refuse writs based on the facts of each case. This makes statements 1 and 4 correct, while 2 and 3 are incorrect.