Principle

CONSTITUTIONAL LAW — Fundamental Rights — Special Jurisdiction of High Court Under Section 46 Distinct from Supervisory Jurisdiction

Area of law: CONSTITUTIONAL LAW
Court: Supreme Court

Section 46 jurisdiction is sui generis (special). The principle applies to constitutional law. It is distinct from supervisory jurisdiction and judicial review. The rule ensures direct access for fundamental rights enforcement. The court can intervene even where other remedies are unavailable. The principle is well-established.

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