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Repost from Indian Judiciary Preparation PCS J
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Repost 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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Repost from UPSC Prelims 2024 MCQs Quiz
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Repost from UPSC Prelims 2024 MCQs Quiz
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Repost from Indian Judiciary Preparation PCS J
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🛡 CENTRE-STATE ADMINISTRATIVE RELATIONS
🔲 Article 256 — Obligation of states and the Union
🔲 Article 257 — Control of the Union over states in certain cases
🔲 Article 257A — Assistance to States by deployment of armed forces or other forces of the Union (Repealed)
🔲 Article 258 — Power of the Union to confer powers, etc., on states in certain cases
🔲 Article 258A — Power of the states to entrust functions to the union.
🔲 Article 259 — Armed Forces in States in Part B of the First Schedule (Repealed)
🔲 Article 260 — Jurisdiction of the Union in relation to territories outside India
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💠9th, 10th, 11th and 12th Schedule
🛡️Ninth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
🛡️However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
🛡️10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
🛡️11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
🛡️12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
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👁🗨Article 239 AB
🔲Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.
🔲Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assembly’s legislative powers to Parliament where the State government cannot be ‘carried on in accordance with the provisions of the Constitution.’ This power to impose ‘President’s Rule’ has mostly been exercised in two limited circumstances — where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
🔲Article 239 AB (a) says “if the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,” the president can dismiss the council of ministers.
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