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Showing posts from October 4, 2011

Q.. What are the constitutional provisions with respect to the powers of the High Courts to enforce the rights of citizens?

Ans. Article 226 of the Constitution empowers the High Courts to issue writs in the nature of Habeas Corpus. Quo-Warranto, Mandamus, Prohibition and Certiorary and other such orders. These writs or orders may be issued by the High Courts for the following purposes—
(I) to enforce the Fundamental Rights provided in Part III of the Constitution; and
(2) for any other purpose.
With respect to the Fundamental Rights, these writs are issued by the High Court only after the satisfaction that any of the Fundamental Rights of a person has been violated. It should be noted that under the provisions of the Constitution, the Supreme Court does not have power to issue these writs for a purpose other than enforcing Fundamental Rights. However, it has been provided that the Parliament by law may make provisions to empower the Supreme Court to issue these writs for other purposes. But, in the case of High Courts, the Constitution itself provides that these writs may be issued for a purpose other than t…