What is the difference between Art 32 & 226?
Asked by: Tomas Barrows | Last update: July 16, 2026Score: 4.2/5 (69 votes)
Articles 32 and 226 of the Indian Constitution empower courts to issue writs for enforcing rights, but with distinct differences. Article 32 is a Fundamental Right restricted only to enforcing Fundamental Rights in the Supreme Court. Article 226 is a broader constitutional power allowing High Courts to enforce Fundamental Rights alongside other legal rights.
Why is article 226 more powerful than article 32?
The jurisdiction of the High Court under Article 226 is wider than that of the Supreme Court under Article 32 as it can issue writs for the enforcement of other legal rights besides fundamental rights. Some of the landmark cases where the High Court used its power under Article. 24 Vishaka v.
How does article 226 differ from 32?
Article 32 is a direct and guaranteed remedy for violation of fundamental rights and operates at the national level through the Supreme Court. Article 226, meanwhile, operates at the regional level through the High Courts and provides a broader platform for justice by covering both constitutional and legal violations.
What is the petition under Article 32 and 226?
Both Article 32 and 226 provides means to enforce Fundamental Rights provided under the Indian Constitution. Any person whose Fundamental Rights is aggreived can file a writ in Supreme Court or High Court. Thus, writs ensure that the rights of the citizens are protected and provisions of the constitution are enforced.
What is article 226 of the Constitution?
ARTICLE 226
Power of High Courts to issue any person or authority, including in appropriate case any Government, directions, orders or writs, for the enforcement of any of the rights conferred by Part III and for “any other purpose.”
Difference Between Articles 32 and 226 | Praveen Mishra | StudyIQ IAS English
What does Article 226 cover?
The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location ...
Can fir be quashed under article 226?
Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly ...
Can Article 32 be suspended?
Article 32 is described as the “heart and soul” of the Indian Constitution since it ensures people's basic rights, whereas Article 226 allows HCs legislative powers while also guaranteeing fundamental rights. During an emergency, Article 32 cannot be suspended, but Article 226 can be.
What are the powers under article 226?
Discretionary Power: Article 226 provides discretionary power under the High Courts. There, it is the duty of the Supreme Court to act if there is a violation of a fundamental right. Larger Scope: The High Courts can entertain cases even on grounds that there is a violation of a fundamental right.
What are the limitations for writ petition under Article 226?
The direct answer is: There is no fixed statutory time limit prescribed for filing a writ petition in the High Court. However, the petition must be filed within a reasonable period, and delay or laches (unreasonable delay) can be a valid ground for dismissal.
What is the significance of article 32 of the Constitution?
There is a right in India which states that a person can move to Supreme court if he/she wants to get their fundamental rights protected. This right comes under article 32 for Supreme court an article 226 for the high court. It is known as the right to constitutional remedies.
What is the difference between Article 226 and 227 of the Constitution?
The power under Article 227 is a power that can be exercised only over courts and tribunals. On the other hand, the power under Article 226 is a power that can be exercised not only over courts and tribunals, but also over other bodies like the Government.
What is the jurisdiction of the Supreme Court under Article 32?
In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court for enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
Which article claims the Constitution as the highest law?
Article VI of the United States Constitution proclaims it as the highest law of the land, commonly known as the Supremacy Clause. It establishes that the Constitution, federal laws, and treaties take precedence over any conflicting state laws or constitutions.
Which is more powerful, the statutory body or the constitutional body?
While constitutional bodies have more permanent roles essential to the governance structure, statutory bodies also play a crucial role in specific sectors like finance, human rights, and education.
Which landmark case granted the Supreme Court its most significant power?
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), is a landmark decision of the Supreme Court of the United States that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States.
Can the Court grant relief beyond prayer?
The Court may grant a relief that has not been specifically prayed for, but only if such relief flows naturally from the facts already placed on record. The Court cannot construct an entirely new case for the petitioner or travel beyond the factual matrix pleaded merely because it possesses wide constitutional powers.
What are the matters under Article 226?
It states that the High Court, whose territorial jurisdiction the cause of action originates under, may also have the ability to issue directives, orders, or writs to any government, authority, or person, even if their seat or place of abode is beyond the high court's territorial jurisdiction.]
What is notice under section 226?
may, at any time or from time to time, by notice in writing require any person from whom money is due or may become due to the assessee or any person who holds or may subsequently hold money for or on account of the assessee, to pay to the [Assessing Officer or Tax Recovery Officer] [Substituted by Act 4 of 1988, ...
Why is Article 32 so important?
An article 32 hearing is required before a defendant can be referred to a general court-martial, in order to determine whether there is enough evidence to merit a general court-martial.
What happens after Article 32?
The Convening Authority's Role After Article 32
Once the PHO report is submitted, the case returns to the convening authority. The convening authority has several options: Refer charges to General Court-Martial. Refer charges to Special Court-Martial.
What rights does Article 32 protect?
Presenting a Defense: You have the right to present evidence and call witnesses on your behalf during the Article 32 hearing. This allows the defense to introduce mitigating factors that could influence the disposition of the case, such as character witnesses or evidence of past exemplary service.
What are grounds for quashing FIR?
If the FIR does not reveal any cognizable offence, it can be quashed. Many disputes like property issues, business disagreements, or monetary disputes are essentially civil, not criminal, making them liable for quashing.
What is Article 226 and 32 writ petition?
Article 32 empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction. Article 226 empowers the High Court to issue a writ in its own local jurisdiction only. Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court.
What is the difference between Article 226 and Section 482 of the CrPC?
Section 482 of the CrPC confers inherent power upon the High Court, whereas Article 226 of the Constitution outlines the High Court's authority to issue writs. Both provisions are geared towards ensuring justice for individuals and facilitating the enforcement of their own orders.