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Article 32 and Article 226: Differences and Similarities

Difference between Article 32 and Article 226 of the Indian Constitution

Article 32Article 226
It is a Fundamental RightIt is not a Fundamental Right.
Gives power to Supreme CourtGives power to High Court
Territorial Jurisdiction extends to whole of India.Jurisdiction limited to concerned state.
It is invoked for the enforcement of fundamental Rights.It is invoked for enforcement of fundamental right as well as other legal rights too.
Constitutional duty on Supreme court to implement Fundamental RightNo constitutional duty on High court to implement Fundamental Right.
Power to issue writs is mandatory for the Supreme court.High court has discretionary power to issue writs under Article 226
It is suspended during the period of the National EmergencyIt cannot be suspended during National Emergency .
Difference between Article 32 and Article 226 of the Indian Constitution

Similarities between Article 32 and Article 226 of the Indian Constitution

  • Both authorize the Supreme court and High court the power to issue writs respectively
  • Both invoked for the enforcement of Fundamental Rights

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