Distinguish between Article 32 and Article 226 of the Constitution of India.

CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2022
Distinguish between Article 32 and Article 226 of the Constitution of India.

Answer & Explanation:

Article 32 and Article 226 of the Constitution Article 32 and Article 226 both deal with the constitutional remedies. However, the differences between the two are as follows: Basis of difference Article 32 Article 226 Right Article 32 is a Fundamental Right. Article 226 is a Constitutional Right. Suspension Article 32 can be suspended if an emergency has been declared by the President. Article 226 cannot be suspended even at the time of emergency. Scope Article 32 has a narrow scope as it is applicable only in case of violation of a fundamental right. Article 226 has a broader scope as it is applicable not only in the case of violation of a fundamental right but also of a legal right. Jurisdiction 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. Discretion Since, Article 32 is a fundamental right, the same cannot be refused by the Supreme Court. Article 226 confers Discretionary power to the High Court which means it is at the discretion of the High Court to issue a writ or not.

Topics: Constitutional Law

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