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Report No. 58

Nature of jurisdiction under Articles 32 and 226

4.9. In one sense, the jurisdiction conferred on the Supreme Court under Article 32 is narrower than that conferred on the High Courts by Article 226. As is often pointed out, under Article 226, the High Courts are empowered to issue certain writs or orders for the enforcement of the fundamental rights as well as "for any other purpose"; whereas, Article 32 is limited to the enforcement of fundamental rights. But1 the right to move the Supreme Court under Article 32 to enforce the fundamental rights is itself a fundamental right, and the authority conferred on the Supreme Court by this Article is coupled with a duty to exercise that authority. Exercise of authority under Article 226, is discretionary, but not the authority under Article 32. That is a point which has to be borne in mind in considering the question which we are discussing in this Chapter.

1. Para. 4.8, supra.

Structure and Jurisdiction of the Higher Judiciary Back

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