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    Who May Apply Under Article 32: Article 32 and Article 226 Comparative Study

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    Sai Malavika Tulugu
    The document discusses the differences and similarities between Article 32 and Article 226 of the Indian Constitution. Article 32 empowers the Supreme Court to issue directions, orders, and writs to enforce fundamental rights, while Article 226 gives similar powers to High Courts to enforce fundamental rights and other legal rights. Both articles allow the courts to issue writs like habeas corpus, mandamus, quo warranto, prohibition, and certiorari. The key differences are that Article 32 applies only to the Supreme Court, deals solely with fundamental rights, and its jurisdiction cannot be suspended, while Article 226 applies to High Courts and covers additional legal rights but has discretionary rather than mandatory powers.

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    Who May Apply Under Article 32: Article 32 and Article 226 Comparative Study

    Uploaded by

    Sai Malavika Tulugu
    340 views2 pages
    The document discusses the differences and similarities between Article 32 and Article 226 of the Indian Constitution. Article 32 empowers the Supreme Court to issue directions, orders, and writs to enforce fundamental rights, while Article 226 gives similar powers to High Courts to enforce fundamental rights and other legal rights. Both articles allow the courts to issue writs like habeas corpus, mandamus, quo warranto, prohibition, and certiorari. The key differences are that Article 32 applies only to the Supreme Court, deals solely with fundamental rights, and its jurisdiction cannot be suspended, while Article 226 applies to High Courts and covers additional legal rights but has discretionary rather than mandatory powers.

    Original Title

    CONSTI 2 VIVA

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    The document discusses the differences and similarities between Article 32 and Article 226 of the Indian Constitution. Article 32 empowers the Supreme Court to issue directions, orders, and writs to enforce fundamental rights, while Article 226 gives similar powers to High Courts to enforce fundamental rights and other legal rights. Both articles allow the courts to issue writs like habeas corpus, mandamus, quo warranto, prohibition, and certiorari. The key differences are that Article 32 applies only to the Supreme Court, deals solely with fundamental rights, and its jurisdiction cannot be suspended, while Article 226 applies to High Courts and covers additional legal rights but has discretionary rather than mandatory powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    340 views2 pages

    Who May Apply Under Article 32: Article 32 and Article 226 Comparative Study

    Uploaded by

    Sai Malavika Tulugu
    The document discusses the differences and similarities between Article 32 and Article 226 of the Indian Constitution. Article 32 empowers the Supreme Court to issue directions, orders, and writs to enforce fundamental rights, while Article 226 gives similar powers to High Courts to enforce fundamental rights and other legal rights. Both articles allow the courts to issue writs like habeas corpus, mandamus, quo warranto, prohibition, and certiorari. The key differences are that Article 32 applies only to the Supreme Court, deals solely with fundamental rights, and its jurisdiction cannot be suspended, while Article 226 applies to High Courts and covers additional legal rights but has discretionary rather than mandatory powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Good afternoon sir

    My project topic is Article 32 and Article 226 Comparative Study


    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. Prohibition, Certiorari can be
    issued under Article 32 and Article 226. 
    Who may apply under Article 32

    Any individual, including corporations, who alleges a violation of one of the Constitution's
    fundamental rights has the right to file a complaint with the Supreme Court, unless the
    wording of the laws or the scope of the right makes it clear that they apply exclusively to
    natural persons. In the other hand, one cannot petition under Article 32 for constitutional
    rights that he does not have. Certain human rights, such as those guaranteed by Article 19 of
    the Constitution, are exclusive to citizens only. As a result, a non-citizen cannot petition for
    the enforcement of all other rights. A non-citizen, a corporation, or a legislative body, on the
    other hand, may seek protection of any of the fundamental rights guaranteed to all citizens
    under Article 14 of the Constitution.

    DIFFERENCE between article 32 and article 226

    1. Article 32 gives power to Supreme Court whereas Article 226 gives power to the
    High court
    2. Article 32 is invoked for the enforcement of fundamental Rights whereas Article 226
    is invoked for enforcement of fundamental right as well as other legal rights too.
    3. The power to High court under Article 226 is wide than the power of the Supreme
    court under Article 32
    4. Power to issue writs under Article 32 is mandatory for the Supreme court whereas
    High court has discretionary power to issue writs under Article 226
    5. Article 32 is suspended during the period of the emergency whereas Article 226
    cannot be suspended during emergency
    6. Territorial Jurisdiction of the High court under Article 226 is narrower than the
    Territorial jurisdiction of Supreme court under Article 226.
    7. The order passed by the Supreme court under Article 32 will always supersede the
    order passed by the High courts under Article 226.
    8. Article 32 is itself a fundamental right (Right to constitutional Remedies) whereas
    Article 226 is not a fundamental Right.

    Similarities between article 32 and article 226


    1. Both Article 32 and 226 is invoked for the enforcement of Fundamental Rights
    2. Both the Supreme court and High court has the power to issue writs under Article 32
    and Article 226 respectively.

    ARTICLE 226
    In the case 0f the L. Chandra Kumar V. Uni0n 0f India, AIR 1977 SC 1125, wherein it
    was held that the p0wer 0f judiciary 0ver legislative acti0n vested in the high c0urts under
    226 0f the c0nstituti0n and the article 226 is a basic structure 0f the c0nstituti0n and it cann0t
    be amended even by the parliament.
    This Court has always considered the power of judicial review vested in the High Courts and in this
    Court under Articles 226 and 32 respectively, enabling legislative action to be subjected to the
    scrutiny of superior courts, to be integral to our constitutional scheme.

    The Court held that Clause 2(d) of Article 323-A and Clause 3(d) of Article 323-B, to the extent they
    exclude the jurisdiction of the High-Courts and the Supreme Court under Articles 226/227 and 32 of
    the Constitution, are unconstitutional.

    Article 32

    The Govt. of Uttar Pradesh issued a notification for exemption of 'sales tax' or 'sales tax assessment'
    by the Sales Tax Officer for sale of particular goods as mentioned in the notification. One of the
    goods given exemption was Bidi. However, the exemption provided was not absolute and hence
    exemption individuals had to pay Central Excise Duty leviable thereupon to claim the exemption.
    Subsequently, in the second Notification by the Govt. of UP,  the government made another
    modification which was similar to the First notification but the same provided that exemption will be
    provided for the sales tax against the sale of Bidis but this time without any precondition to be done of
    the duty. Both machine-made and hand-made bidis were exempted from the same with effect from
    July 1st, 1958.

    1. Whether an order made by an authority under a taxing statute poses a challenge to Art. 19 (1)
    (g) of the Indian constitution,?

    Judgement
    The Apex Court further noted that a mere error of law committed by a quasi-judicial body cannot be
    cured under article 32. 

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