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Question

Under which Article of the Indian Constitution does the High Court exercise its original jurisdiction by issuing writs?

The correct answer is
Article 226

Understanding High Court Writ Jurisdiction under the Indian Constitution

The question asks to identify the specific Article in the Indian Constitution that grants High Courts the power to issue writs, which is a form of original jurisdiction. Let's analyze the options provided:

Article 226 and Writ Jurisdiction

Article 226 of the Constitution of India is the key provision that empowers the High Courts to issue certain kinds of writs. These writs are directions or orders issued by a court to an inferior court, tribunal, or any public authority, commanding them to perform or refrain from performing a specific act. Under Article 226, High Courts can issue these writs, including:

  • Habeas Corpus (to produce a person detained unlawfully)
  • Mandamus (to command a public official to perform their duty)
  • Prohibition (to prevent a lower court or tribunal from exceeding its jurisdiction)
  • Quo Warranto (to question the legality of a person holding a public office)
  • Certiorari (to quash an order passed by a lower court or tribunal acting illegally)

This power is exercised by High Courts for the enforcement of Fundamental Rights as well as for any other purpose, making it a significant aspect of their original jurisdiction.

Analysis of Other Options

  • Article 32: This Article deals with the right to constitutional remedies and empowers the Supreme Court of India to issue writs for the enforcement of Fundamental Rights. While similar in function, it specifically applies to the Supreme Court, not the High Courts.
  • Article 245: This Article defines the extent of legislative powers of the Parliament and the State Legislatures. It does not relate to the writ jurisdiction of High Courts.
  • Article 231: This Article empowers the Parliament to establish by law the High Courts for two or more States or for any territory other than a State. It does not concern the writ powers of High Courts.

Therefore, the specific Article under which a High Court exercises its original jurisdiction by issuing writs is Article 226.

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