2023 · Q98
Which among the following statements regarding the powers of the High Courts under Article 226 of the Constitution of India is not correct?
indian-polity-economyfundamental-rights-duties
- AIt can issue writs of habeas corpus, mandamus, quo warranto, certiorari, and prohibition.
- BWrits can be issued to enforce any rights conferred by Part-III and for any other purpose.
- CThis power can derogate the power conferred on the Supreme Court under Article 32(2).
- DWrit can be issued to any authority under its jurisdiction.
Explanation
Under Article 226 a High Court may issue the writs of habeas corpus, mandamus, quo warranto, certiorari and prohibition (A), for the enforcement of Part III rights and for any other purpose (B), to any authority within its jurisdiction (D). Article 226 does not derogate from the Supreme Court's power under Article 32(2); indeed Article 32 is itself a fundamental right. Hence statement C is not correct.