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Forwarded from Indian Judiciary Preparation PCS J
Difference between Article 32 and Article 226 of the Indian Constitution:
1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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1. Jurisdiction:
- Article 32: Pertains to the Supreme Court and grants the right to move the Supreme Court for the enforcement of fundamental rights.
- Article 226: Pertains to High Courts and provides the power to issue writs for the enforcement of fundamental rights as well as for any other purpose.
2. Scope:
- Article 32: Primarily focused on the enforcement of fundamental rights.
- Article 226: Encompasses not only the enforcement of fundamental rights but also a broader range of issues, including contractual disputes, service matters, etc.
3. Exclusive Remedy:
- Article 32: Provides an exclusive remedy for the enforcement of fundamental rights.
- Article 226: Offers a concurrent remedy along with the remedy available under Article 32.
4. Applicability:
- Article 32: Applicable only against the State (Government).
- Article 226: Applicable against the State as well as any person or authority.
5. Power of Judicial Review:
- Article 32: Guarantees the power of judicial review to protect fundamental rights.
- Article 226: Provides the power of judicial review for a wider range of issues beyond fundamental rights.
6. Limitation on High Courts:
- Article 32: No limitation imposed on the Supreme Court in terms of the nature of cases it can entertain for the enforcement of fundamental rights.
- Article 226: High Courts can only entertain cases related to fundamental rights if the petitioner has exhausted other available remedies.
7. Enforcement Authority:
- Article 32: Enforcement by the Supreme Court itself.
- Article 226: Enforcement by the High Court itself and any court or tribunal subordinate to it.
These points outline the key distinctions between Article 32 and Article 226, highlighting their jurisdiction, scope, and powers.
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@Indian_Judicial_Services_IJS
Join us @Law4CivilServices
Join us @Law_Books_Store
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
SPECIAL LEAVE PETITION :
Special Leave Petition Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or
SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
Join @Indian_Judiciary_Preparation
Special Leave Petition Special Leave Petitions in India holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.
SLP can be filed against any judgment of High Court within 90 days from the date of judgement.
Or
SLP can be filed within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
Join @Indian_Judiciary_Preparation
Forwarded from Indian Judiciary Preparation PCS J
42nd Amendment Act of 1976 added four new Directive Principles to the original list. Those DPSPs are:
1โฃ Article 39 - To secure opportunities for healthy development of children.
2โฃ Article 39A - To promote equal justice and to provide free legal aid to the poor.
3โฃ Article 43A - To take steps to secure the participation of workers in the management of industries
4โฃ Article 48A - To protect and improve the environment and to safeguard forests and wild life.
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1โฃ Article 39 - To secure opportunities for healthy development of children.
2โฃ Article 39A - To promote equal justice and to provide free legal aid to the poor.
3โฃ Article 43A - To take steps to secure the participation of workers in the management of industries
4โฃ Article 48A - To protect and improve the environment and to safeguard forests and wild life.
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Join us @Law4CivilServices
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from UPSC Prelims Notes MCQs Quiz
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from UPSC Prelims Mains Notes
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Forwarded from Indian Judiciary Preparation PCS J
Hello everyone, our judiciary preparation website is live. It covers every states of India Pre mains question solution, and everything under one website.
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from UPSC Prelims Mains Notes
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Forwarded from Indian Judiciary Preparation PCS J
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