Constitution - General Facts 1

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  • The ambit of the High court is larger than the Supreme court in terms of writ petitions. Because of the SC only has the "original" jurisdiction but not exclusive for fundamental rights, but HC can be approached for all other legal and constitutional rights.
  • Original Jurisdiction - one can DIRECTLY approach a particular court, in the above case - SC. 
  • Exclusive Jurisdiction - one can ONLY approach a certain court for certain matters. SC has original jurisdiction but not exclusive in case of fundamental rights.
  • Right to vote is a constitutional right not fundamental.
  • Article 32 forms the Basic Feature of the constitution(Minerva Mills case)

What is the difference between Constitutional and Fundamental rights?

  • All rights in Part III of the constitution are Fundamental rights.
  • Other rights in the constitution which are not in Part III are constitutional rights.
  • One can directly move to SC if his/her fundamental rights are violated.
  • Statutory rights are those which are not in the constitution but are granted by the act of parliament or a state legislature.