What is the difference between Article 226 and Article 32 ?

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Article 226

1. Article 226 empowers every High Court to issue the writs.

2. Article 32 is itself a fundamental right. Article 226 is not a fundamental right.

3. The President of India cannot suspend Article 226 during the period of Emergency

4. Article 226 is not a right as that of Article 32. The High Court may issue writs according to its discretionary power.

5. Article 226 enables the High Court to issue orders to writs in the nature of habeas corpus, mandamus, prohibition, certiorari, quowarranto, to protect aggrieved and any other purpose.

Article 32

1. Article 32 empowers the Supreme Court to issue writs.

2. Article 32 is a fundamental right, and it is included in Part –III of the Constitution. Article 32 is a basic feature of the Constitution. Article 226 is a fundamental right.

3. During the period of emergency, the fundamental rights (Excepts the articles 21 and 22) can be suspended. Therefore, Article 32 can also be suspended during emergency Period.

4. The applicant can approach the Supreme Court as a right, being it is fundamental right.

5. Article 32 empowers the Supreme Court to issue the writs only when the Fundamental Rights are violated or threatened.


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