WHAT IS WRIT PETITION?

The Supreme Court under article 32 of the constitution of India and High courts under article 226 of the constitution of India has the power to issue certain writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-warranto. These writs are being issued by the Supreme Court and High Courts in order to protect the fundamental rights of the citizens of India. The fundamental rights, enshrined in part III of the constitution are inherent and cannot be extinguished by any constitutional or statutory provision. Any law made by the parliament that abrogates or abridges such rights would be violative of the basic structure doctrine and the same would be null and void ab-initio.

ARTICLE 32 OF THE CONSTITUTION OF INDIA:-

Dr. B.R Ambedkar has called Article 32 the “heart and soul” of the constitution. The reason behind it to call the heart and soul of the constitution is that he believes that just by providing fundamental rights without proper machinery for their enforcement, they will be useless. Article 32 guarantees that, if any persons’ fundamental rights are infringed then he or she could approach directly the Supreme Court for a proper remedy. This article provides a quick and immediate remedy for enforcement of the fundamental rights without adopting dilatory proceedings from a lower court to Higher Courts as usually happens in other cases. Article 32 which has been described as the “heart and soul” of the constitution of India guarantees the right to move the Supreme court for the enforcement of all or any of the fundamental rights conferred by part III  of the constitution as such this article itself is a fundamental right.

ARTICLE 226 OF THE CONSTITUTION OF INDIA:-

• Article 226 is very similar to article 32, as article 226 also takes about writs in the nature of Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-warranto. Any person can approach the High Court using article 226 if their fundamental rights or any other rights are being infringed. No doubt, the jurisdiction of the High Court is very wide, as it can be issue writ not only for the infringement of fundamental rights but also for enforcement of any other constitutional and legal rights as well. Further, the High Court under article 226 of the constitution of India is not only entitled to issue writs but is also entitled to issue directions or orders. The only thing that needs to be established that the party had such a right which has been threatened or illegally violated.

TYPES OF WRITS:-

1.) Habeas Corpus

2.) Mandamus

3.) Prohibition

4.) Quo warranto

5.) Certiorari

FUNDAMENTAL DIFFERENCE BETWEEN ARTICLE 32 AND 226 OF THE CONSTITUTION OF INDIA.

• Article 32 only can be issued for the enforcement of fundamental rights whereas Article 226 can be issued for the enforcement of the fundamental rights as well as other legal rights also.

• Scope of Article 32 is lesser than article 226 as under article 32 writs can be an issue for the enforcement of the fundamental rights only.

• The scope of article 226 is wider than article 32 since it has the power to issue a writ for the enforcement of the fundamental rights enshrined in the constitution as well as other rights also. Further, the High Court under article 226 of the constitution of India is not only entitled to issue writs but is also entitled to issue directions or orders.

• Article 32 itself is a fundamental right whereas article 226 is not a fundamental right.

• The order passed by the Supreme Court can supersede the order passed by the High Court whereas High Court’s order cannot supersede the order passed by the Supreme Court.

• Supreme Court under article 32 can issue writs for the whole of the country whereas the High Court under article 226 can issue writs only for its State.