With respect to the enforcement of fundamental rights, the jurisdiction of the supreme court is:

The correct answer is Original but not exclusive.

Key Points

• The Supreme Court of India has original jurisdiction in matters related to the enforcement of fundamental rights under Article 32 of the Indian Constitution.
• This jurisdiction is original but not exclusive, as High Courts also have the authority to enforce fundamental rights under Article 226.
• Article 32 is referred to as the "heart and soul" of the Indian Constitution, as it provides direct access to the Supreme Court for enforcement of these rights.
• Individuals can file writ petitions (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) in the Supreme Court for violations of fundamental rights.
• The availability of enforcement through both Supreme Court and High Courts ensures a robust mechanism for protecting fundamental rights.

Additional Information

• Fundamental Rights:
  • These are enshrined in Part III of the Indian Constitution and are guaranteed to all citizens.
  • They include rights like Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
  • Fundamental rights are enforceable by law and are subject to reasonable restrictions.
• Article 32:
  • This article provides the right to move the Supreme Court directly for the enforcement of fundamental rights.
  • It allows individuals to seek remedies through writs like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
  • Dr. B.R. Ambedkar described Article 32 as the "heart and soul" of the Constitution.
• Article 226:
  • Article 226 empowers High Courts to issue writs for enforcing fundamental rights as well as other legal rights.
  • The scope of Article 226 is broader than Article 32 as it includes enforcement of ordinary legal rights.
  • Unlike Article 32, Article 226 is not limited to fundamental rights only.
• Writs:
  • Habeas Corpus: Protection against unlawful detention.
  • Mandamus: Orders a public authority to perform a duty.
  • Prohibition: Prevents lower courts from exceeding their jurisdiction.
  • Quo Warranto: Challenges the legality of a person's claim to a public office.
  • Certiorari: Transfers a case from a lower court to a higher court or quashes its order.