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Monday, April 30, 2012

Articles 32 and 226 of the Constitution of India- Study material for IPO Examination 2012


The sole object of the Article 32 of the Constitution of India is the enforcement of the fundamental rights guaranteed under Part III of the Constitution of India.



Article 32 and Article 226 both deal with enforcement of right of the citizen against the Government or Governmental Authorities.



Article 32 is limited to the extent of enforcement of the fundamental rights stated in the Part III of the Constitution



Article 226 of the Constitution is much wider than Article 32 of the Constitution.



The High Court while exercising the Article 226 can give reliefs in case of quasi-Judicial Tribunals and authorities or other acts by such lower authorities even though the acts of such authorities do not infringe the fundamental rights.



The Supreme Court is competent to give relief under Article 32 against any authority within the territory of India.




The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part – III of the Constitution



Article 32 is referred to as the "Constitutional Remedy" for enforcement of Fundamental Rights.



By including Article 32 in the Fundamental Rights, the Supreme Court has been made the protector and guarantor of these Rights.



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



The Supreme Court shall have 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 Part III
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