 Article 32 of the Indian Constitution

32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have the power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, whichever may be appropriate, for the enforcement
of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses
(1) and (2), Parliament may by law empower any other court to exercise
within the local limits of its jurisdiction all or any of the powers exercisable
by the Supreme Court under clause (2).

(4) The right guaranteed by this Article shall not be suspended except as
otherwise provided for by this Constitution.

Significance of Article 32:

1- Article 32 makes the Apex Court both the guarantor and defender of
Fundamental Rights.
2- It entitles the Indian citizens to move to the Supreme Court for the remedy
against the breach of Fundamental Rights.
The Father of the Indian Constitution, Dr. B.R. Ambedkar had once said, "If I
was asked to name any particular article in this Constitution as the most
important — an article without which this Constitution would be a nullity — I
could not refer to any other article except this one (Article 32). It is the very
soul of the Constitution and the very heart of it.”

Concept and Purpose

Article 32 of the Indian Constitution gives the right to individuals to move to

the Supreme Court to seek justice when they feel that their right has been
‘unduly deprived’. The apex court is given the authority to issue directions or
orders for the execution of any of the rights bestowed by the constitution as it is
considered ‘the protector and guarantor of Fundamental Rights’.
Under Article 32, the parliament can also entrust any other court to exercise the
power of the Supreme Court, provided that it is within its Jurisdiction. And
unless there is some Constitutional amendment, the rights guaranteed by this
Article cannot be suspended. Therefore, we can say that an assured right is
guaranteed to individuals for enforcement of fundamental rights by this article
as the law provides the right to an individual to directly approach the Supreme
Court without following a lengthier process of moving to the lower courts first
as the main purpose of Writ Jurisdiction under Article 32 is the enforcement of
Fundamental Rights.

Types of Writs

There are five types of Writs as provided under Article 32 of the Constitution:

Habeas Corpus:

1- Literal meaning: 'to have the body of'.

2- This writ protects an individual from unlawful detention.

3- Under this writ, an order is issued by the court to a public official to

produce the detained person before the court.

4- The court then examines the grounds on which the individual has been
detained.

5- If the detention has no legal justification, the detained person is set free.

6- It is to be noted that the writ cannot be issued in the cases where (a) the
detention is lawful (b) the proceeding is for contempt of a legislature or a court
(c) an individual is detained by a competent court, and (d) the detention falls
outside the jurisdiction of a particular High Court.

7- This writ is ineffective if the detainee is produced before the judicial

magistrate.

8- An individual can seek compensation from the state against the arbitrary
detention.

9- The petition under this writ can be filed by the detainee, prisoner or by any
person on behalf of the detainee/prisoner.
10- The writ of Habeas Corpus cannot be suspended even during the
emergency under Article 359.

Certiorari:

1- Literal meaning: 'to be certified' or 'to be informed'.

2- It is issued by the Supreme Court and High Courts to a lower court,

tribunal or Quasi-judicial body usually to overrule the judgement of the
latter.

3- It can be issued under the following grounds (a) to correct errors of the
jurisdiction (excess or lack of jurisdiction) (b) in case of error of law.

4- It can also be issued against administrative authorities affecting the rights

of individuals.

5- This writ is unavailable against the equal or higher court and is only
available against the lower courts.

6- It is also unavailable against legislative bodies and private individuals or

bodies.

7- The writ is both preventive and curative in nature.

Mandamus:

1- Literal meaning: 'we command'.

2- It is issued by a court commanding a lower court or public authority to

perform his official duties correctly.

3 inferior court, a tribunal or government itself.

4- It cannot be issued against a private individual/ body and to enforce

contractual obligation/departmental instruction that does not possess statutory
force.

5- This writ cannot be issued against the President of India or the State
Governors; Chief Justice of a High Court acting in a judicial capacity.

6- This writ can also be issued by the High Courts for violation of ordinary
rights.
7- It can also be issued to direct a public official not to implement a law
which is unconstitutional.

8- The writ is both ways: Positive as well as Negative.

9- It is to be noted that this writ is a discretionary remedy and the High

Courts may refuse to grant it where some alternate remedy is available.

Quo-Warranto:

1- Literal meaning: 'by what authority or warrant'.

2- It is issued by the court against the person who usurps a public office.

3- It enquires the legality of usurpation of public office by a person.

4- The grounds on which this writ is issued (a) public office created by a
statute or by the Constitution of India (b) person to be appointed by a statute.

5- The writ cannot be issued against a ministerial office or private office.

Prohibition:

1- Literal meaning: 'to forbid' or 'Stay order'.

2- It is issued by a higher court to a lower court to enforce inactivity in the

jurisdiction (in case of excess or absence of jurisdiction).

3- It can only be issued against judicial and quasi-judicial authorities.

4- The writ is preventive in nature.

5- It is not available against administrative authorities, legislative bodies,

and private individuals or bodies.
  Article 226 of the Indian Constitution
Introduction
The judiciary in India is vital to democracy because it not only prevents
government officials from misusing their powers but also safeguards the rights
of citizens and guards the Indian Constitution. As a result, India’s Constitution
envisions a powerful, independent, and well-organised judiciary.

Articles 32 and Article 226 provide the Supreme Court and the High Courts the
authority to bring a lawsuit against a government entity if any citizen’s rights
and freedoms are violated. The High Court has broad powers to issue orders
and writs to any person or authority under Article 226 of the Indian
Constitution. Before a writ or an order may be issued, the party who is
petitioning the court must prove that he has a right that is being violated or
endangered illegally. If the cause of action partly arises within its jurisdiction,
the High Court can issue writs and directives to any Government, authority, or
person even if they are located beyond its jurisdiction.

In general, the High Court does not use its power under Article 226 when it
comes to problems of fact. Similarly, when the petitioner has an alternative
remedy, the Courts will not hear Article 226 petitions. In addition, if there is an
excessive delay in contacting the court, the court may refuse to provide relief
under this article.

Similar powers are available to the Supreme Court under Article 32 of the
Constitution. The underlying reason for granting the High Court powers under
Article 226 is to ensure that the rule of law is upheld in society. When the
executive authorities overstep their authority and infringe on citizens’ rights,
they must be held accountable and article 226 ensures it.

Article 226 of the Indian Constitution

Enshrined under Part V of the Constitution of India, Article 226 provides the
High Courts with the power to issue writs, including writs in the form of habeas
corpus, mandamus, prohibition, quo warranto, certiorari, or any of them, to any
person or authority, including the government. Article 226 of the Indian
Constitution gives High Courts the power and ability to enforce any of the basic
fundamental rights guaranteed by Part III of the Constitution of India,

According to Article 226(1), each High Court within India’s territorial

jurisdiction has the ability and power to issue orders, instructions, and writs, to
any individual or authority, including the government, for the enforcement of
Part III of the Indian Constitution or basic fundamental rights and other legal
rights within its own jurisdiction.

Article 226(2) empowers the High Courts with the authority to issue orders,
instructions, and writs to any government authority or any individual, outside
their own local jurisdiction in circumstances when the cause of action is
completely or partially within their local jurisdiction despite the fact that such
government or authority’s seat or the individual’s domicile is not within the
territory.

According to Article 226(3), when an interim order is issued against the

respondent under Article 226 in the form of an injunction or a stay without:

1. providing the respondent with a copy of the petition and any relevant
evidence; and
2. providing the respondent with an opportunity to be heard.

The High Court shall decide on the application within two weeks of receiving
the application or within two weeks of the date on which the other party
received the application, whichever is later. If the application is not so disposed
of, the interim order shall be vacated on the expiry of that period, or, if the High
Court is closed on the last day of that period, before the expiry of the next day
on which the High Court is open, the interim order shall be vacated.

According to Article 226(4), the jurisdiction granted to the High Courts under
Article 226 does not preclude the Supreme Court from using its powers under
Article 32(2).

Types of writs available under Article 226

Habeas Corpus:

1- Literal meaning: 'to have the body of'.

2- This writ protects an individual from unlawful detention.

3- Under this writ, an order is issued by the court to a public official to

produce the detained person before the court.

4- The court then examines the grounds on which the individual has been
detained.
5- If the detention has no legal justification, the detained person is set free.

6- It is to be noted that the writ cannot be issued in the cases where (a) the
detention is lawful (b) the proceeding is for contempt of a legislature or a court
(c) an individual is detained by a competent court, and (d) the detention falls
outside the jurisdiction of a particular High Court.

7- This writ is ineffective if the detainee is produced before the judicial

magistrate.

8- An individual can seek compensation from the state against the arbitrary
detention.

9- The petition under this writ can be filed by the detainee, prisoner or by any
person on behalf of the detainee/prisoner.

10- The writ of Habeas Corpus cannot be suspended even during the
emergency under Article 359.

Certiorari:

1- Literal meaning: 'to be certified' or 'to be informed'.

2- It is issued by the Supreme Court and High Courts to a lower court,

tribunal or Quasi-judicial body usually to overrule the judgement of the
latter.

3- It can be issued under the following grounds (a) to correct errors of the
jurisdiction (excess or lack of jurisdiction) (b) in case of error of law.

4- It can also be issued against administrative authorities affecting the rights

of individuals.

5- This writ is unavailable against the equal or higher court and is only
available against the lower courts.

6- It is also unavailable against legislative bodies and private individuals or

bodies.

7- The writ is both preventive and curative in nature.

Mandamus:
1- Literal meaning: 'we command'.

2- It is issued by a court commanding a lower court or public authority to

perform his official duties correctly.

3 inferior court, a tribunal or government itself.

4- It cannot be issued against a private individual/ body and to enforce

contractual obligation/departmental instruction that does not possess statutory
force.

5- This writ cannot be issued against the President of India or the State
Governors; Chief Justice of a High Court acting in a judicial capacity.

6- This writ can also be issued by the High Courts for violation of ordinary
rights.

7- It can also be issued to direct a public official not to implement a law

which is unconstitutional.

8- The writ is both ways: Positive as well as Negative.

9- It is to be noted that this writ is a discretionary remedy and the High

Courts may refuse to grant it where some alternate remedy is available.

Quo-Warranto:

1- Literal meaning: 'by what authority or warrant'.

2- It is issued by the court against the person who usurps a public office.

3- It enquires the legality of usurpation of public office by a person.

4- The grounds on which this writ is issued (a) public office created by a
statute or by the Constitution of India (b) person to be appointed by a statute.

5- The writ cannot be issued against a ministerial office or private office.

Prohibition:

1- Literal meaning: 'to forbid' or 'Stay order'.

2- It is issued by a higher court to a lower court to enforce inactivity in the

jurisdiction (in case of excess or absence of jurisdiction).
3- It can only be issued against judicial and quasi-judicial authorities.

4- The writ is preventive in nature.

5- It is not available against administrative authorities, legislative bodies,

and private individuals or bodies.

 Difference between Article 32 and Article 226

The differences between them are as follows:

S.No. Article 32 Article 226

It includes Fundamental
1. It includes Constitutional Rights.
Rights.

The rights of an individual

The rights of an individual cannot be
2. can be suspended during the
suspended during the emergency.
emergency.

It has a limited scope and is

It has a wider scope and is applicable
only applicable in case of
3. in case of violation of fundamental as
violation of fundamental
well as legal rights
rights.

It has jurisdiction all over It has jurisdiction in the concerned

India and empowers Supreme State only and empowers High Courts
4.
Court to issue writs pan to issue writs only in their own local
India. jurisdiction.

The rights under Article 32

The rights under Article 226 are under
5. cannot be refused by the
the discretion of the High Courts.
Supreme Court.