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Sophie Anguto (advocate)     30 June 2017

Jurisdiction of district court & family court

Can the District Judge or Family Judge entertain a matter relating to Constitutional Provision? if No please support with citation.


 5 Replies

Raveena Kataria (Advocate )     30 June 2017

The answer to that would be no. Article 32/226 of the Indian Constitution confers you with the right to approach the Supreme Court/High Court directly in case of violation of any of your funamental rights. Only the Supreme Court and High Courts are vested with the power to issue writs. 

Article 32, Indian Constitution

Article 226, Indian Constitution

1 Like

Siddharth Srivastava (Advocate)     30 June 2017

The constitution itself provide the provison in constitution of India under article 226 and Article 32. When law is clear no citation is required. It is only high court and supreme court who is vested with the power. 

1 Like

Ms.Usha Kapoor (CEO)     01 July 2017

Its mainly  the The Supreme court decides constituttional issues and interpretation of constituion under Art 32 of the Constitution.Supreme court is  called guardian  of Constitution forv three reasons: It can declare any law as null and  void if it violates fundamental Rights. secondly it interprits every rule of  the Constitution, Thirdly it settles disputes between States and centre as  a Federal court.  Highcourt deals with only Art 226 for  any purpose..and unlike supreme court  Highcourts don't interpret the Constitution.

Why Supreme court of  INdia is called guarantor andprotecter of constitution is:

An aggrieved citizen can directly approach the Supreme Court (Article 32(1)) in case his Fundamental Rights are violated. Article 32(2) of the Indian Constitution empowers the Hon'ble Supreme Court (of India) to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights of citizen.
Article 32 is called the heart and soul of Indian Constitution.

Now, the High Courts can also order writs (Article 226), but Article 32 is  in itself a Fundamental Right in contrast to Article 226. Hence the High Court may issue writs according to its discretionary power.

Article 32 empowers the Supreme Court to issue the writs only when the Fundamental Rights are violated or threatened whereas the High Courts can issue writs for any purpose.

During emergency, the Fundamental Rights of a citizen (except Articles 21 and 22, see Deepak Pandey's answer to Constitution of India: What are some really important rights that each Indian must know but is not aware of? ) can be suspended , but article 226 can not be suspended by the President. Hence the Hon'ble Supreme Court of India is   Guarantor and     protector of the Fundamental Rights of the Citizen

Kumar Doab (FIN)     01 July 2017

Agreed with members/experts.

Sophie Anguto (advocate)     01 July 2017

Learned members thank you for your valuable inputs. To invoke provisions of the Constitution other than Fundamental rights or Writs, does the District Court under section 151CPC have the jusidiction to entertain an application praying to invoke other provisions of the Constitution.

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