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Which of the following statements are correct:
1. The High court can issue writs to any person even outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.
2. Writ jurisdiction of High Court is concurrent but wider than Supreme Court.
3. In Chandra Kumar Case (1997) Supreme Court has ruled that writ jurisdiction of High Court is a part of Basic Structure of Constitution and hence cannot be amended.
1 only
1 & 2
1, 2 & 3
1 & 3
1. The High court can issue writs to any person outside its territorial jurisdiction after the Fifteenth Amendment of the Constitution in 1963 inserted a new clause to Art 226 as Clause 1A which alterd the earlier position on territorial jurisdiction of High Courts under tier Writ Jurisdiction.
Article 226 read as The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.
2. High Courts have larger jurisdiction, than the Supreme Court ,in respect of issue of writs. The Supreme Court, can issue writs only where a fundamental right have been infringed upon( Part-III). The High Courts, however,under Article 226, can issue them even when some other legal right has been infringed upon, provided a writ would be an effective remedy in the case.
3. In Chandra Kumar Case (1997), SC held that Writ Jurisdiction of SC and High Court constitutes a basic structure of the constitution and can’t be taken away even by an amendment to the constitution.
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