Article 32 vs Article 226: Writ Jurisdiction, Key Differences & Landmark Cases – Indian Constitution
Article 32 & Article 226 of Indian Constitution (Writs Explained)
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🔴 What is Article 32?
➡ Part of Fundamental Rights (Part III)
➡ Called the “Heart and Soul of the Constitution” – Dr. B.R. Ambedkar
➡ Empowers citizens to directly approach Supreme Court for violation of fundamental rights.
✅ Key Features:
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👉 Only for Fundamental Rights violations
-
👉 Supreme Court can issue 5 types of writs
-
👉 Mandatory to accept such petitions (not discretionary)
-
👉 Can be suspended during National Emergency (Art. 359)
🔵 What is Article 226?
➡ A constitutional provision, not a fundamental right
➡ Empowers High Courts to issue writs
➡ For Fundamental Rights + Legal Rights
✅ Key Features:
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👉 Wider scope – includes legal/statutory rights
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👉 High Courts have territorial jurisdiction
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👉 Discretionary power – High Court may reject the petition
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👉 Cannot be suspended, even during an emergency
📊 Comparison Table: Article 32 vs Article 226
| Difference | Article 32 (SC) | Article 226 (HC) |
|---|---|---|
| Nature | Fundamental Right | Constitutional Right |
| Scope | Only Fundamental Rights | Fundamental + Legal Rights |
| Court | Supreme Court | High Court |
| Jurisdiction | All over India | Territorial (can extend if cause arises) |
| Discretionary Power | ❌ No discretion (must hear) | ✅ Yes, High Court can reject |
| Suspension in Emergency | ✅ Can be suspended (Art. 359) | ❌ Cannot be suspended |
| Access Level | National level | State level |
⚖️ What are Writs?
Writs are special orders issued by courts to enforce rights and check unlawful actions.
✋ Supreme Court (Art. 32) and High Courts (Art. 226) can issue 5 types of writs:
1️⃣ Habeas Corpus → “Let the body be brought before the court”
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Purpose:
👉 To protect personal liberty
👉 Ordered when someone is illegally detained -
When it CANNOT be used:
❌ If detention is legal and under court orders
❌ Not available for military detention under certain conditions
2️⃣ Mandamus → “We Command”
-
Purpose:
👉 Directs public officials or authorities to perform their legal duty -
When it CANNOT be used:
❌ Against private individuals
❌ If duty is discretionary, not mandatory
❌ Against President/Governor
3️⃣ Quo Warranto → “By what authority”
-
Purpose:
👉 Challenges unauthorized occupation of a public office -
When it CANNOT be used:
❌ If the office is private
❌ If the term of office is already expired
4️⃣ Prohibition → “To forbid”
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Purpose:
👉 Stops lower courts or tribunals from exceeding their jurisdiction -
When it CANNOT be used:
❌ Against administrative bodies
❌ After the case is already decided (then use Certiorari)
5️⃣ Certiorari → “To be certified”
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Purpose:
👉 Higher court quashes an order passed by a lower court or tribunal -
When it CANNOT be used:
❌ If there is no jurisdictional error
❌ If the order was passed with fair hearing and within authority
❌ Against legislative or purely administrative actions
🌟 Importance of Articles 32 & 226
| Article | Why Important |
|---|---|
| 32 | ✔ Enforces fundamental rights ✔ Direct access to Supreme Court |
| 226 | ✔ Wider scope (includes legal rights) ✔ Makes justice accessible at state level |
🟢 Landmark Cases
| Article | Case Name | Outcome |
|---|---|---|
| 32 | Fertilizer Corp. Kamgar Union v. UOI | Article 32 = Basic structure |
| Ramdas Athawale v. UOI | Only for fundamental rights | |
| PUDR v. UOI | Can apply to private individuals in some cases | |
| 226 | Bandhua Mukti Morcha v. UOI | Wider scope than Art. 32 |
| Hemendra Nath Pathak v. Gauhati Univ. | Mandamus to enforce university duties | |
| Surya Dev Rai v. Ram Chander Rai | Writs can apply to judicial acts in limited conditions |