Article 32 gives the right to individuals to move to the SC to seek justice when they feel that their rights have been unduly deprived. The apex court is given the authority to issue directions or order for the execution of any of the rights bestowed by the constitution as it is considered the protector and guarantor of Fundamental Rights [Article 32(1)].
The SC jurisdiction to issue writs extends to all the Fundamental Rights[Common Cause v. Union of India AIR 1999 SC 2979].
Where an effective remedy is available, the HC should not readily entertain a petition under Article 226 e.g - Under the Companies Act, a shareholder has very effective remedies for prevention of oppression and mismanagement. Consequently, HC should not entertain a petition under the said Article (Ramdas Motor Transport Company Limited v. T.A Reddy, AIR 1997 SC 2189).
It is not necessary that the aggrieved petitioner should first apply to HC and then to SC [(Romesh Thapar v. State of Madras) AIR 1950 SC 124].
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