Role of Article 32 and 226

Article 32 and 226 of the Indian constitution describe the writ power that the Supreme Court and
High Courts. Article 32 and 226 empower the Supreme Court and the High Courts respectively,
with the power to initiate an action against a government body in case of violation of rights and
liberties of the citizen. In L Chandra Kumar v. UOI (1997), a seven-judge bench said that the
power of judicial review is vested in the high courts under Article 226 and in the Supreme Court
under Article 32. It is an integral and essential feature of the constitution and constituting part of
its basic structure.

Article 32

It is referred to as the ‘heart and soul of the constitution ’ by Dr. Bhim Rao Ambedkar. Article 32
is an important and integral part of the basic structure of the Constitution. Article 32 is a
fundamental right envisaged under Part III of the constitution of India. It is a ‘right to
constitutional remedies’ which provides a right to protect other fundamental rights from
violation. If any fundamental right is violated by the government, then Article 32 empowers the
person whose fundamental right has been violated to approach the Supreme Court for the
enforcement of their fundamental rights. Article 32 is meant to ensure observance of rule of law.

Article 32(1) confers the right to approach the Supreme Court for claiming or enforcing the
fundamental rights provided under Part III of the Constitution of India.

Article 32(2) confers power to the Supreme Court to issue directions, orders, or writs, namely
Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto for enforcing those
fundamental rights.

Article 32(3) empowers the parliament to confer the power to issue orders, directions, and writs
to any other court within the local jurisdictional limits of India.
Article 32(4) states that unless provided by the constitution, the right to constitutional remedy
conferred under this Article cannot be suspended.

Article 32 is applicable in cases where there is a question of enforcement of fundamental rights.

If the question of enforcement of fundamental rights does not arise then Article 32 will not be
applicable. The scope of Article 32 is quite narrow as it can be enforced only in cases of
violation of fundamental rights conferred under Part III of the constitution. Article 32 is
enforceable against private individuals as well.

Article 226

Article 226 confers power to the High Courts to issue orders, directions, and writs in the nature
of Habeas corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

As per Article 226(1), every High Court within the territory of India has the power to issue
orders, directions, and writs to any individual or authority including the Government for the
enforcement of fundamental rights as well as other legal rights under its own local jurisdiction.

Article 226(2) confers the power to the High Courts to issue orders, directions, and writs outside
their own local jurisdiction in the cases where the cause of actions lies wholly or in part within
their local jurisdiction.

Article 226(3) states that when an interim order has been passed under Article 226 by way of
injunction or stay against the respondent without:

i) providing the copy of the petition and evidential document to the respondent;
ii) giving an opportunity of being heard.

Article 226(4), the power conferred to the High Courts under Article 226 is not in derogation to
the powers conferred to the Supreme Court under Article 32(2).
The scope of Article 226 is much wider than Article 32 as it confers power to the High Courts to
issue orders, directions, and writs not only for the enforcement of fundamental rights but also for
the enforcement of legal rights which are conferred to the disadvantaged by way of certain
statutes and are as important as the fundamental rights.

With the same power of enforcing fundamental rights, Article 226 has a much broader scope
than Article 32 because it can also be used to enforce other legal rights conferred by the
Constitution or any other statute.