- WRIT JURISDICATION OF SUPREME COURT & WRIT JURISDICTION OF HIGH COURT
- ARTICLE 33
- ARTICLE 34
- ARTICLE 35
UNIT 4 – FUNDAMENTAL RIGHTS – PART 16
S.No | WRIT JURISDICTION OF SUPREME COURT | WRIT JURISDICTION OF HIGH COURTS |
1 | The Supreme Court issues writs under article 32 for the protection of the fundamental rights guaranteed under Part III. | The High Court’s issue writs under article 226 for the protection of both the fundamental rights and ordinary legal rights. |
2 | Its writs are valid throughout the territory of India. | Their writs are valid only within the territory that fall under their authority. However, they can issue writs beyond their territorial jurisdiction, if the cause of action (wholly or partially) arised within their territorial jurisdiction. |
3 | Under article 32, it is mandatory for the Supreme Court to issue writs as article 32 itself is a fundamental right. | Under article 226, the issuance of writs by the High courts is discretionary. They can deny issuance of writs citing certain reasons such as availability of alternative remedies, etc |
Clause 3: It says that the Parliament can by law, empower any other court to exercise within its territorial jurisdiction, all the powers or any of the powers granted to the Supreme Court under Clause 2 with respect to issuance of writs.
Note: Here the term ‘any other court’ does not mean the High Courts, as the High Courts are granted with the power to issue writs under article 226 in the constitution itself. |
Clause 4: The right under ARTICLE 32 cannot be suspended except under the provisions defined in the constitution.
ARTICLE 33:
It says that the Parliament can enact laws to restrict the fundamental rights of the personnel of
- Armed forces;
- Forces involved in the maintenance of public order;
- Intelligence agencies;
- Telecommunication departments of the above mentioned forces and agencies.
The laws made under this article cannot be challenged in any court for violating the fundamental rights. Also, the Parliament can by law, exclude the court martials from the writ jurisdiction of the Supreme Court and the High Courts.
ARTICLE 34:
It says that the fundamental rights of citizens living in the areas that are under martial rule can be restricted through Parliamentary laws. The personnel of armed forces operating in such areas are protected by law for any actions taken by them to restore peace and public order. These protections cannot be challenged in any court for violating the fundamental rights. The Supreme Court held that the imposition of martial law in an area does not suspend the writ of Habeas Corpus.
● Only the Parliament has the authority to make laws under Articles 33 and 34, not the State Legislatures. ● Articles 33 and 34 are not direct executory. |
ARTICLE 35: IT TALKS ABOUT TWO THINGS.
They are Clause 1:
SUB CLAUSE 1: Only the Parliament has the power to make laws to give effect to the fundamental rights under Article 16 (Prescribing residence as a condition for certain employments), Article 32 (Granting the power to issue writs to courts other than the Supreme Court and the High Courts), Article 33 (Restriction of fundamental rights to personnel of armed forces) and Article 34 (Restriction of fundamental rights in areas under martial rule).
SUB CLAUSE 2: Only the Parliament has the power to prescribe punishments to those acts that are declared as offences Under Article 17 (Abolition Of Untouchability) And Article 23 (Trafficking Human Beings And Forced Labour).
CLAUSE 2:
It says that any law that was made prior to the commencement of constitution, providing effect to the Clause 1 of this article will continue in force until altered or repealed by the Parliament.