Query
visha lranjan
(Querist) 29 August 2012
This query is : Resolved
what is the essential and basic difference between article 32 and article 226?
Naresh Kudal
(Expert) 30 August 2012
Article 226
1. Article 226 empowers every High Court to issue the writs.
2. Article 32 is itself a fundamental right. Article 226 is not a fundamental right.
3. The President of India cannot suspend Article 226 during the period of Emergency
4. Article 226 is not a right as that of Article 32. The High Court may issue writs according to its discretionary power.
5. Article 226 enables the High Court to issue orders to writs in the nature of habeas corpus, mandamus, prohibition, certiorari, quowarranto, to protect aggrieved and any other purpose.
Article 32
1. Article 32 empowers the Supreme Court to issue writs.
2. Article 32 is a fundamental right, and it is included in Part –III of the Constitution. Article 32 is a basic feature of the Constitution. Article 226 is a fundamental right.
3. During the period of emergency, the fundamental rights (Excepts the articles 21 and 22) can be suspended. Therefore, Article 32 can also be suspended during emergency Period.
4. The applicant can approach the Supreme Court as a right, being it is fundamental right.
5. Article 32 empowers the Supreme Court to issue the writs only when the Fundamental Rights are violated or threatened.
Guest
(Expert) 30 August 2012
The basic difference between Article 32 and Article 226 is that while Artilce 32 deals with the right to constitutional remedies, the Article 226 pertains to the powers of the High Courts of the States.
Sudhir Kumar, Advocate
(Expert) 30 August 2012
Article 226 High Court is empowered to “issue to any person or authority” and exercised for “for the enforcement of any of the rights conferred by Part III and for any other purpose.” Qhereas Article 32 empowers Supreme Court only for “for the enforcement of the rights conferred by this Part is guaranteed” So the scope of Art 226 is more as it can be exercised even against persons and even for protection of ordinary rights.
As Per Article 32 “Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court” no such provision is there in Article 226. SO the Powers of Article 32 can be outsourced to subordinate courts by parliament but no in case of Art 226.
