Under which type of jurisdiction can an individual whose fundamental rights have been violated directly approach the Supreme Court of India for an effective remedy?

Introduction / Context:
This question tests knowledge of fundamental rights enforcement in India. The Constitution provides a special remedy that allows any person whose fundamental rights are violated to move the Supreme Court directly. This power of the Court is one of the main reasons Article 32 is called the heart and soul of the Constitution by Dr B R Ambedkar. Knowing which jurisdiction label applies to this power is critical for exams.

Given Data / Assumptions:

• An individual believes that a fundamental right has been violated.
• That individual can directly file a petition before the Supreme Court.
• The question asks under which jurisdiction this direct access is provided.
• Options list original, writ, appellate, advisory and special leave jurisdiction.

Concept / Approach:
Article 32 of the Constitution empowers the Supreme Court to issue writs for the enforcement of fundamental rights. The power to issue writs such as habeas corpus, mandamus, prohibition, quo warranto and certiorari forms the core of the Court writ jurisdiction. While this can be seen as a kind of original jurisdiction, the term that examiners are looking for in relation to enforcement of fundamental rights is writ jurisdiction.

Step-by-Step Solution:
Step 1: Identify the key phrase in the question, namely that fundamental rights have been violated. Step 2: Recall that Articles 32 and 226 deal with remedies for enforcement of fundamental rights at the Supreme Court and High Court levels respectively. Step 3: Under Article 32, the Supreme Court can issue writs to provide relief and this special remedy is what allows citizens to approach the Court directly. Step 4: The set of powers related to issuing writs is collectively described as writ jurisdiction. Step 5: Therefore the correct answer is that the individual moves the Supreme Court under its writ jurisdiction.

Verification / Alternative check:
A quick mental check is to remember the phrase writ petition under Article 32. When you read about famous cases where people directly approached the Supreme Court for violations of liberty or other rights, these are usually described as writ petitions. This tells you that the relevant jurisdiction label is writ jurisdiction, not merely original or appellate jurisdiction. High Courts have similar powers under Article 226, which can be used as a second anchor point to reinforce the concept.

Why Other Options Are Wrong:

• Original Jurisdiction: Although a writ petition is indeed filed initially in the Supreme Court, the term original jurisdiction is generally reserved for disputes like those between the Union and States under Article 131, not specifically for fundamental right enforcement.
• Appellate Jurisdiction: Appellate jurisdiction involves appeals from lower courts, which is not what the question describes. Here the individual goes directly to the Supreme Court.
• Advisory Jurisdiction: This refers to the power of the Supreme Court to advise the President under Article 143 and does not concern private individuals or enforcement of rights.
• Special Leave Jurisdiction: Under Article 136, this power allows the Supreme Court to grant special leave to appeal from any judgement of any court or tribunal. It is still an appeal based power, not a direct fundamental rights remedy.

Common Pitfalls:
The most common confusion is between original jurisdiction and writ jurisdiction, since both allow cases to begin in the Supreme Court. Another pitfall is thinking of fundamental rights only at the High Court level under Article 226 and forgetting that the Supreme Court also has a dedicated remedy. To avoid such mistakes, associate Article 32, writ jurisdiction, fundamental rights and direct approach to the Supreme Court together as one single cluster in your memory.

Final Answer:
An individual whose fundamental rights have been violated can directly approach the Supreme Court of India under its Writ Jurisdiction.