What are Article 32 and Article 226?
There can be no right without an effective remedy. The fundamental rights guaranteed under the Constitution would be meaningless if the proper and effective mechanism for its enforcement is not provided. Constitution confers power on the courts to strike down the law which infringes fundamental rights. The importance of Article 32 can be seen from the fact that without this Article, the other fundamental rights would lose their very essence but it can be used against only violation of fundamental rights while Article 226 covers Fundamental rights as well as other purpose. Article 32 & 226 is the heart and soul of the Constitution.
Article 32 reads as follows:
- The Individual has the right to move to the Supreme Court for the enforcement of the fundamental rights provided under part III of the Constitution. This means if there is a violation of an individual’s fundamental rights then for enforcement of such fundamental rights he can move directly to the Supreme Court.
- The Supreme Court has the power to issue orders or writs, writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the fundamental rights conferred under the Constitution.
Article 226 reads as follows:
- The Individual has the right to move to the High Court by appropriate proceedings for the enforcement of the fundamental rights provided under Part III of the Constitution and for any other purpose. This means if there is a violation of an individual’s fundamental rights or if a person is aggrieved in any other manner then for enforcement of such rights or such other purpose, he can move directly to the High Court.
- Where an application is made by a party or person against whom an interim order is made and he is aggrieved by that such order then the High Court shall dispose of the application within a period of two weeks upon receiving such applications.
- The power conferred on the High Court under this article shall not be derogatory of the power conferred on the Supreme Court under Article 32.
Types of Writs in Indian Constitution with Questions and Answers and MCQs
The jurisdiction of five types of writs is derived from Article 32 and Article 226 of the Indian Constitution, which empowers the Supreme Court and High Courts, respectively, to issue writs for the enforcement of fundamental rights and other legal purposes. Writs in the Indian Constitution constitute written directives issued by the Court, providing constitutional remedies to Indian citizens in case their basic rights are violated. The Indian Constitution provides five types of writs i.e. Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. Here we discussed the types of writs in the Indian Constitution.
Types of Writs in Indian Constitution
Table of Content
- What is the Writ in the Indian Constitution?
- Five Types of Writs in India Constitution
- Writ of Mandamus
- Writ of Habeas Corpus
- Writ of Prohibition
- Writ of Certiorari
- Writ of Quo-Warranto
- What are Article 32 and Article 226?
- Against Whom Writs can be Issued?
- Difference Between Writ Jurisdiction of Supreme Court Vs. High Court
- MCQs or Quiz on Writs of Indian Constitution
- Questions and Answers on Five Types of Writs of Indian Constitution
Contact Us