Question

What is the difference between writ issuing power of supreme court and high court?

Answer 1

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Article 32 of the Indian Constitution confers writ jurisdiction upon the Supreme Court.

It is contained in Part 3 of the Constitution which includes Fundamental Rights. Thus it is a part of the Fundamental Rights enumerated under the Constitution.
In case of breach of the Fundamental Rights by any party the aggreived party can claim remedy in the form of writ commanded by the Supreme Court.
The writs including Mandamus, Quo warranto, Habeous Corpus, Certiorari & Prohibition can be commanded by the court to the party responsible for the breach of Fundamental Rights.
Since Article 32 is a part of Fundamental Rights it can be suspended during emergency by the president.
The jurisdiction of Supreme Court under Article 32 only extends to the breach of Fundamental Rights.

Article 226 of the Indian Constitution confers writ jurisdiction upon the States.

It can be availed during the breach of any legal right including the Fundamental Rights by the aggreived party in the High Court of the State where such breach is committed.
The High Court of the state where such breach is committed can issue commands in the form of writs to the party causing such injury.
Here also the writs include Mandamus, Certiorari, Habeous Corpus, Quo Warranto & Prohibition which can be availed by the injured party from High Court in case of breach of any legal right.
Article 226 being not a Fundamental Right cannot be suspended even during emergency.

Both of the Articles are of nature of writ & can be availed at any time during breach by the parties but the scope Article 226 is much wider & intrinsic compared to Article 32 as it includes Fundamental Rights along with other Rights.

For the breach of Fundamental Rights aggreived party can directly claim remedy under Article 32 in Supreme Court and also under Article 226 in High Court.

But in case of breach of other legal rights the aggreived party can only claim remedy under Article 226 at High Court of the particular State


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