AI Overview...
Difference between Article 32 and Article 226 of the Indian Constitution
- Scope and Nature of Relief:
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Article 32: Primarily provides the right to move directly to the Supreme Court for the enforcement of fundamental rights. It is considered a fundamental right itself, allowing individuals to seek remedy for violation of fundamental rights directly from the Supreme Court. It is also used for issuing writs like habeas corpus, mandamus, etc., in cases involving fundamental rights violations. In Re: Prahlad Krishna Kurne VS N. R - Bombay, SRIKANT VS DISTRICT MAGISTRATE, BIJAPUR - Karnataka, BRIJENDRA THAKUR VS STATE OF M. P. - Madhya Pradesh
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Article 226: Empowers High Courts to issue writs for enforcement of fundamental rights and for other purposes. It has a broader scope, including the protection of legal rights and public interest litigation. Relief under Article 226 is not limited to fundamental rights and can be invoked for a wider range of issues. In Re: Prahlad Krishna Kurne VS N. R - Bombay, Deepa Ramesh Pai VS Union of India - Crimes, Tej Krishan VS State Of J. &K. - Jammu and Kashmir
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Procedural Aspects and Limitations:
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Article 32: Considered a fundamental right, and the Supreme Court is generally reluctant to entertain petitions under Article 32 unless fundamental rights are involved. It allows for successive petitions, and the Court has held that even if a petition under Article 226 is dismissed, a petition under Article 32 may still be maintainable in certain circumstances. In Re: Prahlad Krishna Kurne VS N. R - Bombay, SRIKANT VS DISTRICT MAGISTRATE, BIJAPUR - Karnataka
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Article 226: Subject to principles of delay and laches; courts may refuse relief if there is undue delay. It is a discretionary remedy, and the courts have emphasized that delay can disentitle a party to relief under this article. Tej Krishan VS State Of J. &K. - Jammu and Kashmir
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Nature of Jurisdiction:
- Article 32: Exclusive to the Supreme Court; it is a constitutional remedy for fundamental rights violations.
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Article 226: Available to High Courts; it is a constitutional power to issue writs for enforcement of rights and other purposes, including public interest.
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Key Judicial Insights:
- Both articles operate in different spheres but can sometimes overlap, especially in cases of fundamental rights violations.
- The Supreme Court has recognized that remedies under both articles are distinct but can be invoked depending on the nature of the case.
- The courts have held that a second petition under Article 32 is permissible even if a similar petition under Article 226 has been dismissed, emphasizing the different jurisdictions and purposes of these articles. Deepa Ramesh Pai VS Union of India - Crimes, SRIKANT VS DISTRICT MAGISTRATE, BIJAPUR - Karnataka
Analysis and Conclusion
- Main difference: Article 32 is a fundamental right enabling direct access to the Supreme Court for fundamental rights violations, while Article 226 is a broader jurisdiction of High Courts to issue writs for enforcement of rights, including but not limited to fundamental rights.
- Operational spheres: Article 32 is limited to fundamental rights and the Supreme Court, whereas Article 226 covers a wider range of issues and is exercised by High Courts.
- Practical application: Both articles serve as vital tools for justice, with Article 32 often used for urgent fundamental rights violations, and Article 226 for broader legal and constitutional issues, including public interest and administrative matters.
References: - In Re: Prahlad Krishna Kurne VS N. R - Bombay, SRIKANT VS DISTRICT MAGISTRATE, BIJAPUR - Karnataka, Deepa Ramesh Pai VS Union of India - Crimes, Tej Krishan VS State Of J. &K. - Jammu and Kashmir, BRIJENDRA THAKUR VS STATE OF M. P. - Madhya Pradesh
Search Results for "Different between Article 32 and Article 226"
1950 0 Supreme(Bom) 98 • India - Bombay
P.B.GAJENDRAGADKAR, M.C.CHAGLA, Y.V.DIXIT
TO DIFFERENT JUDGES OF THE HIGH COURT. ... TO DIFFERENT JUDGES OF THE HIGH COURT. ... ARTICLE 226 - HABEAS CORPUS - SECTION 491, CRIMINAL P. ... It is argued that although under Section 491 successive applications may not be permissible to a petitioner, Article 226 of the Constitution enhances the rights of the citizen and under that article he has the right in enforcement of his fundamental rights to present successive applications to different ... ....
1998 0 Supreme(J&K) 152 • India - Jammu and Kashmir
A.Q.PARRAY, O.P.SHARMA
Delay disentitles a party to discretionary relief under Article 226 of the Constitution of India and section 103 of the state Constitution ... GOVERNMENT SERVANT - STATUS - DETERMINATION - ARTICLE 207 OF THE SERVICE REGULATIONS - INTERPRETATION - DELAY AND LACHES - WRIT ... Whether the petitioners' status as government servants was determined under Article 207 of the Service Regulations? 2. ... It is true that a petition under Article 32 is different than the one unde....
• India - Crimes
S.S.DANI, H.H.KANTHARIA
In the submission of the learned Counsel the remedy available to the detune was under Article 32 of the Constitution which is different from the one available under Article 226 of the Constitution. ... He further submitted that both these articles operate in different spheres and in almost all the reported and unreported judgments of the Supreme Court, it was held that a second writ petition was maintainable under Article 32 of the ....
1991 0 Supreme(Bom) 198 • India - Bombay
S.S.DANI, H.H.KANTHARIA
In the submission of the learned Counsel the remedy available to the detenu under Article 32 of the Constitution which is different from the one available under Article 226 of the Constitution. ... He further submitted that both these articles operate in different spheres and in almost all the reported and unreported judgements of the Supreme Court, it was held that a second writ petition was maintainable under Article 32 of the Co....
2021 0 Supreme(Mad) 2852 • India - Madras
R.SUBBIAH, C.SARAVANAN
Right to Information Act - Constitution of India, 1950 - Article 226 – Accident case – Practice and Procedure ... to Legislate or issue any Administrative Direction, with which Court is not connected with in "lis", in exercise of power under Article ... 226 of Constitution of India. ... Power conferred on the Constitutional Courts to deal with public interest even while dealing with private dispute based on power conferred to Writ Courts by Common Law of England, followed by different pronouncements of ....
1975 0 Supreme(Guj) 124 • India - Gujarat
B.J.DIVAN, T.U.MEHTA, B.K.MEHTA
Prevention of Smuggling Activities Act 1974, - Section 5-A – Constitution of India, Article 226 , 13 Section ... 1 of Article 3, 329A(4) and (5), 31(4), 31(6), 136(2), 227(4), 262(2) and 329(a), 136(2), 52, - Conservation of Foreign Exchange ... Secondly, Section 5-A does not impinge upon the power of judicial review nor does it impair the jurisdiction of the High Court under Article ... In nor opinion, enactment of clause (b) of Section 5-A in no way takes away the power of the High Courts under Article#HL_END....
2021 4 Supreme 580 • India - Supreme Court
A.M.KHANWILKAR, B.R.GAVAI
32 of Constitution of India – It is a different matter that this Court may be loath in entertaining grievance directly under Article ... 32 and instead relegate petitioner(s) before High Court to first exhaust remedy under Article 226 of Constitution of India – This ... (A) Constitution of India – Article 32 read with Article ... It is a different matter that this Court may be loath in entertaining the grievance d....
2005 0 Supreme(MP) 862 • India - Madhya Pradesh
R.V.RAVEENDRAN, DIPAK MISRA
of the Constitution of India to grant relief to victim or the heirs of the victim whose fundamental rights under Article 21 of the ... Public duty has to be done properly, particularly when fundamental right of a citizen under Article ... officials do not act unlawfully and do perform public duties properly particularly where the fundamental right of a citizen under Article ... Grant of compensation in proceedings under Article 32 or Article 226 of the Constitution of....
2006 0 Supreme(Kar) 65 • India - Karnataka
H.L.DATTU, A.S.BOPANNA
See, Constitution of India -Article 226. ... of a petition under Article 226 by the High Court. ... It is in this context a petition under Article 32 of the Constitution has been entertained by the Hon ble Supreme Court despite dismissal ... It is in this context a petition under Article 32 of the Constitution has been entertained by the Hon'ble Supreme Court despite dismissal of a petition under Article 226 by the....
2005 0 Supreme(MP) 866 • India - Madhya Pradesh
R.V.RAVEENDRAN, DIPAK MISRA
Grant of compensation in proceedings under Article 32 or Article 226 of the constitution of India for the established violation of the fundamental rights guaranteed under Article 21, is an exercise of the Courts under the public law jurisdiction for penalising the wrongdoer and fixing the liability for ... The relief for monetary compensation, as exemplary damages, in proceedings under Article 32 by or under Article 226, for establi....
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