Polity & Governance Practice Question›› Indian Polity ››
Writ Jurisdiction in India
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Types of Writs, Jurisdiction of Supreme Court and High Court
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Question 1
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Consider the following statements regarding the writ jurisdiction in India:
1. Writs are the constitutional remedies to look after the violation of Fundamental Rights only.
2. It can be issued by the Supreme Court under Article 32 and Article 226 by the High Court.
3. Private bodies not discharging public functions are outside the ambit of writs.
Which of the statements given above are correct ?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 3 only
Explanation Context : In the S. Shobha vs. Muthoot Finance Ltd Case (2025), the Supreme Court of India clarified the applicability of writ jurisdiction under Articles 32 and 226 to private entities. The Court held that private companies, including scheduled banks and Non-Banking Financial Companies (NBFCs), are not automatically subject to writ jurisdiction unless they perform public functions or duties imposed by statute.
Statement 1 is not correct : Writs are constitutional remedies provided to protect and enforce the Fundamental Rights of citizens.
Article 32 of the Constitution explicitly provides for the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights, and writs are the primary instruments for this purpose.
High Courts under Article 226 can issue writs not only for Fundamental Rights but also for "any other purpose" (i.e., legal rights).
Statement 2 is correct :The Supreme Court has the power to issue writs under Article 32 for the enforcement of Fundamental Rights, and High Courts can issue writs under Article 226 not only for the enforcement of Fundamental Rights but also for "any other purpose," which can include legal rights.
Statement 3 is correct : In S. Shobha vs. Muthoot Finance Ltd Case, 2025, the Supreme Court (SC) ruled that private companies, including scheduled banks and NBFCs which do not perform the public functions are not subject to writ jurisdiction.
In Zee Telefilms Ltd. v. Union of India (2005), the SC reaffirmed that private bodies not discharging public functions are outside the ambit of writs.
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