Since the Constitution of India is the highest law in the land, a number of fundamental rights have been guaranteed to citizens. Enforceability of fundamental rights is one significant right, as they can be enforced by those whose rights have been violated. Among the articles that relate to this aspect, two are most prominent: Article 32 and Article 226, which entitle the citizens to approach the courts. However, both can be distinguished significantly in terms of scope and application, although they provide for judicial remedies. This paper is meant to explain the meaning, features, importance, and distinguishing key differences between Article 32 and Article 226, along with an overview of the writs and landmark judgements associated with each.

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Introduction to Article 32 & Article 226 of Indian Constitution

Article 32 and Article 226 are essentially constitutional provisions for the protection and enforcement of fundamental rights. Whereas Article 32 has provided an avenue for a direct approach to the Supreme Court to enforce fundamental rights, Article 226 allows individuals to look for remedies from the High Courts if their rights under the law are infringed upon, covering not only fundamental rights but many other legal rights as well. Even though Article 32 and Article 226 both serve the purposes of being similar, the jurisdictions and scopes of application differ considerably.

Meaning and Features of Article 32 

Article 32: Right to Constitutional Remedies Article 32 of the Indian Constitution grants a right to a citizen that enables an individual to approach the Supreme Court seeking redressal for the violation of his fundamental rights. According to Dr. B.R. Ambedkar, "Article 32 is the heart and soul of the Constitution because it tries to protect the Fundamental Rights of the citizen and affords a remedy for redressal of grievances when such rights are violated.".

Key Features of Article 32

• Direct Access to Supreme Court: Under Article 32, citizens are given direct access to the Supreme Court in case of any violation of fundamental rights.

• Jurisdiction of Writs: The Supreme Court is endowed with the right to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to activate the aforesaid rights.

• Fundamental Right to Themselves: Under Article 32, it is a fundamental right, and its denial also has access to the Supreme Court.

• Constricted to Fundamental Rights: Article 32 can be invoked only where a fundamental right has been violated.

• Original Jurisdiction of Supreme Court: Under Article 32, the Supreme Court may exercise original jurisdiction for addressing matters or cases arising under it.

Meaning and Characteristics of Article 226

Article 226: Writ Jurisdiction of High Courts Article 226 of the Indian Constitution grants the High Courts the power to issue writs in enforcing both fundamental rights as well as other legal rights. It covers more than the 'fundamental rights'. It means that High Courts are entitled to a wider scope in redressing matters concerned with ordinary legal rights as well.

Key Features of Article 226:

• Wider Jurisdiction: In contrast to Article 32, Article 226 can be pressed for violation of not only fundamental rights but any other legal rights.

• Access to High Courts: Citizens can directly approach their respective High Courts for remedies.

• Writ Jurisdiction: Just like the Supreme Court, the High Courts also have the power to issue same writs in order to enforce rights under Article 226.

• Discretionary Power: Article 226 provides discretionary power under the High Courts. There, it is the duty of the Supreme Court to act if there is a violation of a fundamental right.

• Larger Scope: The High Courts can entertain cases even on grounds that there is a violation of a fundamental right.

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Importance & Purpose of Article 32

The very importance of Article 32 rests in the circumstance that it propounds direct remedy to the persons whose fundamental rights are violated. Direct accessibility to the Supreme Court ensures swift justice delivery, and since the article has catered to the availability of writs, effective application of rights has been possible.

Article 32 safeguards essential rights. This makes them not only theoretical but practical, holding out the possibility of this right to every individual to enforce. It provides an effective machinery for civil liberties protected directly under the Constitution by allowing access to the Supreme Court.

Importance & Purpose of Article 226

Article 226 also proves indispensable since it offers a more available remedy to an individual at the level of High Courts. Its jurisdiction being wider, it plays a very big role not only in protecting rights that are protected under Article 32 but also legal rights. The wide amplitude enables the judiciary to deal with not only many grievances but also at the state level.

Article 226 Purpose: Article 226 is aimed at the decentralization of judicial remedies so that people can get justice not only for violation of their fundamental rights but also for other legal issues. Article 226 shall thus vest more powers in the hands of the High Courts so that these can ensure constitutional values and the principles of legality.

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Key differences between Article 32 and Article 226

The distinctions give more importance to the distinctive yet auxiliary roles played by Articles 32 and 226 for citizens in the administration of justice and redress under the Constitution.

1. Jurisdiction:

• Article 32: Can be invoked only by the Supreme Court

• Article 226: Can be invoked by the High Courts

2. Scope:

• Article 32: It is for the enforcement of fundamental rights.

• Article 226: It can be invoked for both the enforcement of fundamental rights as well as other legal rights.

3. Mandatory or discretionary:

• Article 32: The Supreme Court shall act for every violation of fundamental rights.

• Article 226: The High Courts have powers where they may exercise discretion either to grant relief or dismiss an application.

4. Kind of Remedy:

• Article 32: Itself is a fundamental right.

• Article 226: Not a fundamental right but a constitutional authority bestowed on the High Courts.

5. Writ Jurisdiction:

• Article 32: The Supreme Court may issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari.

• Article 226: The High Courts have the same kinds of writs but for a much broader purpose, which includes the enforcement of legal rights.

6. Geographical Jurisdiction:

• Article 32: The jurisdiction of the Supreme Court is throughout India.

• Article 226: The jurisdiction of a High Court is limited to the state or district for which it has an abode.

7. Purpose:

• Article 32: Primarily a safeguarding of fundamental rights.

• Article 226: A more general provision, enables the High Courts to remedy not only cases of breach of Fundamental Rights but generally all grievances.

8. Direct Access:

• Article 32: Persons may come directly before the Supreme Court

• Article 226: Persons must approach the concerned High Court of the State in which they reside

9. Binding Nature:

• Article 32: The Supreme Court can grant relief which may bind the parties once invoked

• Article 226: The High Courts can grant relief but not in all cases - they can decline

10. Remedies Beyond Fundamental Rights:

• Article 32: Only for redressing alleged violations of Fundamental Rights. 

• Article 226: The same is the case with both constitutional rights and other matters.

FeatureArticle 32Article 226CourtSupreme CourtHigh CourtsScopeOnly for the enforcement of fundamental rightsFor fundamental rights and other legal rightsJurisdictionNarrower, limited to fundamental rightsWider, includes legal rightsMandatory or DiscretionaryMandatory for the Supreme Court to actDiscretionary for the High CourtsWritsSupreme Court can issue writsHigh Courts can issue writs

Writs under Articles 32 and 226

Article 32 and Article 226 confer on the Supreme Court (Article 32) and High Courts (Article 226), writ issuing authority to issue writs for the enforcement of fundamental rights and, in the case of Article 226, other legal rights as well. The kinds of writs are the same under both articles though their scope varies. Here are the five types of writs:

1. Habeas Corpus

• Meaning: "You shall have the body."

• Purpose: This writ is issued for the discharge of a person who is being detained or imprisoned wrongfully. It compels the authorities to bring the detained person before the court to determine whether his detention is lawful or not.

• Applicability: This is one of the most potent writs for protection of individual liberty. It can be issued, for example, when a person is detained illegally and the legality of the detention is challenged.

2. Mandamus

• Meaning: "We command."

• Purpose: A writ of mandamus directs a public official, body, corporation or inferior court to perform a duty it is under a legal obligation to do but has failed or refused.

• Application: This writ is sought when there is failure of duty by a public official or body. It guarantees that the person or authority in question performs his or her legal obligation.

3. Prohibition

• Meaning: "To forbid."

• Objectives: Writ of Prohibition Issued by a superior court to inferior court or tribunal to restrain it from acting in excess of its jurisdictions .

• Application This writ is applied to restrain any inferior court from overstepping its jurisdictions or violating the law.

4. Certiorari

• Defined as "To be certified" or "To be informed."

• Purpose: A writ of certiorari is issued by a superior court to an inferior court or tribunal, transferring a case to that of the superior for review, especially where there is an error of law or a want of jurisdiction.

• Applicability: This writ is applied to set aside the orders or judgments of inferior courts made illegally or void.

5. Quo Warranto

• Meaning: "By what authority?

• Purpose: The writ is used to challenge the legality of the post held by a person. It challenges the authority through which a person holds office, especially if his or her appointment is illegal.

• Applicability: The writ prevents any person from holding illegally the public office as he or she is not lawfully entitled to hold that office.

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Landmark Judgments on Article 32 and Article 226

Article 32 is one landmark judgment with Article 226, associated with landmark judgments.

Kesavananda Bharati v. State of Kerala, (1973): 

The case reaffirmed the role of Article 32 as the vital core of Indian Constitution, whereby fundamental rights were safeguarded and judicial redress ensured.

A.K. Gopalan v. State of Madras, (1950): 

This case dealt with the area of Article 32 relating to enforcement of Fundamental Rights, in particular concerning the matters of personal liberty and preventive detention.

Maneka Gandhi v. Union of India (1978): 

Supreme Court expanded Article 21 to include the Right to Life and Liberty, and reaffirmed the way Article 32 protects civil liberties.

Bandhua Mukti Morcha v. Union of India (1984): 

Supreme Court made orders on bonded labour cases through Article 32 writ jurisdiction ensured the right to live with dignity.

T.C. Basappa v. T. Nagappa (1954): 

The importance of Article 226 and the judicial review power that has been vested in the High Courts to issue a writ for rendering justice in cases of breach of rights was emphasized in this case.

Conclusion

Articles 32 and 226 of the Indian Constitution are indispensable tools in the preservation of the rule of law and in safeguarding the rights of citizens. Article 32 is a direct and obligatory recourse to the Supreme Court for the enforcement of fundamental rights, but Article 226 provides a broader recourse in that it equips a person with the redress of his grievances at the hands of the High Courts for the enforcement of fundamental as well as other legal rights. These provisions indicate the courts as the rights and liberties guardian. Through these provisions, justice could be delivered to any citizen. Courts may exercise power to intervene where authority itself was becoming wayward or where rights of the citizenry were getting violated through writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. 

Difference Between Article 32 and Article 226 FAQs

1. What does Article 32 of the Indian Constitution stipulate?

Article 32 allows citizens to appeal to the Supreme Court when basic rights have been violated and has also empowered the Supreme Court to issue such writs as habeas corpus, mandamus, prohibition, certiorari, and quo warranto for protecting basic rights.

2. What does Article 226 of the Indian Constitution state?

Article 226 grants the High Courts jurisdiction to grant writs for implementing basic rights as well as other rights granted by law. It affords individuals the opportunity to file applications to the High Courts for remedies when their legal rights or basic rights are violated.

3. What is the difference between the powers conferred by Articles 32 and 226 as being either mandatory or discretionary?

Article 32 provides that in case the fundamental right is violated, the Supreme Court shall act. Article 226 states that High Courts shall have the discretion to decide whether they ought to issue a writ or grant relief.

4. Why is Article 32 termed the "heart and soul" of the Indian Constitution?

Dr. B.R. Ambedkar referred to Article 32 as the "heart and soul" of the Constitution, for it has allowed the Fundamental Rights to have a direct remedy in the enforcement of same so that if any citizen finds his rights violated, he can seek protection on its account.

5. Is it possible that a citizen may approach both the High Court and the Supreme Court for the same case?

The citizen can move under Article 226 to the High Court and under Article 32 directly to the Supreme Court. However, normally if a matter is under consideration by the High Court, the Supreme Court would refrain from intervention, but when a paramount constitutional question arises, it would intervene.