What is difference between Article 32 and Article 226?

What is difference between Article 32 and Article 226?

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 Happens When fundamental rights are violated?

When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.

When can the Supreme Court refuse to grant relief Article 32?

The right to approach the Supreme Court under Article 32 can only be suspended in times of an Emergency – and even then, not when it comes to the right to life and personal liberty.

How can the judge of Supreme Court can be removed?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in …

Who can file a petition under Article 32?

the Supreme Court
Under Article 32, a person can file a writ petition in the Supreme Court for the violation of his/her fundamental rights. Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights.

What is the significance of Article 32?

Article 32 of the Indian Constitution is considered one the most important articles when it comes to the enforcement of the rights of an individual. It gives rights to an individual to seek justice in a court when they feel that their rights have been infringed or ‘unduly deprived’.

Can Article 32 be amended?

Amendments to Article 32 Such an amendment was made during the time of emergency when it was passed to reduce ‘both directly and indirectly’ the jurisdiction of the Supreme Court and the High Courts to review the application of fundamental rights.

Who can file PIL Article 32?

Any citizen of India can file a PIL for the sake of public welfare where the interest of the masses get affected under Article 32 in Supreme Court or under Article 226 in High Court and under Court of Magistrate under section 133 of CRPC. .

Is PIL maintainable under Article 32?

Maintainability: After three-and-a-half decades of PIL, one basic legal point remains clear: because it is filed under Article 32 of the Constitution, a PIL is maintainable only if there is a violation of one or more of the fundamental rights guaranteed under Part III of the Constitution.

What is the difference between Article 32 and Article 226?

Article 32 is a fundamental right which empowers the Supreme court to issue direction, order, and writs. Article 226 is the constitutional right which empowers High court to issue a direction, order, and writs for enforcement of fundamental rights and other legal rights. The writs in form of Habeas Corpus, Mandamus, Quo Warranto.

What does Article 226 of the High Court mean?

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.” BASIC DIFFERENCE BETWEEN THE TWO ARTICLE 32 ARTICLE 226

What are the writs mentioned under Article 226?

The writs mentioned under Article 226 are known as prerogative writs since they had their origin from the prerequisite power of the supervisory authority over its inferior courts or officers. Back then, these writs were used by the British judiciary to uphold the rights and liberties of the people.

What is Article 226 of the Indian Constitution?

Article 226 gives discretionary power to the High courts to issue direction, order, writs including the writs in nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari. Article 226 is invoked not only to for the fundamental rights but also a violation for other rights.