What is the difference between Article 227 and 226?
Asked by: Tyrique Kulas | Last update: June 22, 2026Score: 4.9/5 (62 votes)
Article 226 and Article 227 of the Indian Constitution both empower High Courts, but with different scopes. Article 226 deals with writ jurisdiction to enforce legal and fundamental rights against the State or public authorities. Article 227 grants High Courts supervisory jurisdiction over all lower courts and tribunals within their territory to ensure judicial discipline.
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 purpose of Article 227?
Article 227, by contrast, grants High Courts the power of superintendence over all courts and tribunals within their territorial jurisdiction.
What does Article 226 provide for?
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.”
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 ...
Difference Between Article 226 and 227 in Indian Polity By Aanshuleka
Which article is more powerful, 32 or 226?
Article 32 is a direct and obligatory recourse to the Supreme Court for the enforcement of fundamental rights, but Article 226 provides a broader recourse in that it equips a person with the redress of his grievances at the hands of the High Courts for the enforcement of fundamental as well as other legal rights.
What documents are needed for FIR quashing?
To complete the FIR quashing process smoothly, the following documents are generally required:
- Copy of the FIR.
- Copy of the charge sheet (if available)
- ID proofs of the accused.
- Settlement or compromise deed (if applicable)
- Supporting evidence proving misuse, false allegations, or lack of offence.
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 ...
Who can writ petition under Article 226 be filed against?
(2) A writ petition under Article 226 of the Constitution of India may be maintainable against (i) the State Government; (ii) Authority; (iii) a statutory body; (iv) an instrumentality or agency of the State; (v) a company which is financed and owned by the State; (vi) a private body run substantially on State funding; ...
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 are the powers of Article 227?
Under Article 227 of the Constitution, the High Court does not issue a writ of certiorari. Article 227 of the Constitution vests the High Courts with a power of superintendence which is to be very sparingly exercised to keep tribunals and courts within the bounds of their authority.
What are the penalties for violating Article 227?
A violation of any provision of this section when the amount the employer failed to pay into the fund or funds exceeds five hundred dollars ($500) shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for a period of not more than one year, by a fine of ...
What is the criminal revision under Article 227?
Chanchani” wherein it was specifically held that when no offence has been proven against an accused person, he may apply to the High Court under Article 227 of the Indian Constitution or section 482 of the CrPC to have the proceeding quashed against them.
What does article 227 entail?
It is intended to ensure that subordinate courts and tribunals act within the bounds of their authority, follow the settled principles of law, and do not suffer from jurisdictional error, perversity, or grave procedural irregularity. In essence, Article 227 is not a tool for routine interference.
Does Article 227 apply to tribunals?
Article 227 grants the High Courts the power of superintendence over all courts and tribunals within their jurisdiction. Historically, this supervisory jurisdiction was intended for tribunals created by statute or exercising sovereign functions.
How does Article 227 affect judicial review?
The Supreme Court recognized the powers of High Courts under Article 227 to supervise tribunals and quasi-judicial bodies. Emphasized that administrative bodies exercising judicial functions are subject to judicial review. The case expanded the scope of Article 227 to ensure natural justice and legality.
What is the difference between Article 226 and Article 227?
The difference between Articles 226 and 227 of the Constitution was well brought out in Umaji Keshao Meshram v. Smt. Radhikabai. Proceedings under Article 226 are in exercise of the original jurisdiction of the High Court, while the proceedings under Article 227 are not original but only supervisory.
Can habeas corpus be denied?
Yes, habeas corpus petitions can be, and often are, denied. While a fundamental constitutional right to challenge unlawful detention, the writ is not automatically granted; it is subject to strict procedural rules, exhausting lower court remedies, and high hurdles for proving constitutional violations, particularly under federal law.
What are the 5 types of writs?
The 5 writs under the Indian Constitution are - Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo-Warranto.
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.
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.
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, ...
When can we go for quashing of 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 happens after a motion to quash is granted?
When a request for order to quash is granted, the court may grant leave to amend the petition or response and set a date for filing the amended pleadings. The court may also dismiss the action without leave to amend.
Is quashing of FIR a good thing?
The quashing prevents abuse of the judicial process and protects individuals from unnecessary harassment, especially where there is no legal basis for prosecution.