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Last updated on September 18, 2024 10:08 PM
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Grounds of Difference |
Article 32 |
Article 226 |
Rights |
Article 32 is a fundamental right under Part III. | It is not a fundamental right; it is a constitutional right. |
Suspension |
It can be suspended if the President has declared an emergency under Article 359. | It cannot be suspended even at the time of emergency under Article 359. |
Scope |
Limited scope and applicable only for remedy if fundamental rights are violated. | Article 226 has a broader scope and is applicable if either a fundamental right or a legal right has been violated. |
Territorial Jurisdiction |
Pan India Territorial Jurisdiction. | Empowers the High Court to issue a writ within its local jurisdiction and has a narrower territorial jurisdiction. |
Discretion Power |
The Supreme Court can’t refuse rights and remedies under it. | Article 226 gives the High Court Discretionary power; hence, it is up to the High Court’s wisdom to issue a writ or not. |
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