Caveat India

Difference between Article 226 and Article 227 of the constitution of India

There are difference between  Articles 226 and 227  although they may appear to be similar in practice. Nonetheless, there are a few significant distinctions that completely alter the scope of the two .

Understanding Article 226

For the purpose of enforcing fundamental rights, Article 226 of the Constitution of India   provides  power   to  issue writs  by filing petitions in High Courts .  Fundamental rights  are provided  under Part III of the Constitution  . There are 5 types of writs  namely writ of  habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

Understanding Article 227 of the constitution of India

High Courts under Article 227 of the constitution of India has  authority  over all Courts and Tribunals within the territory wherein  High Court is empowered to exercise  Jurisdiction.   Other than Military courts  the  that High Courts has the superior authority over  most Courts in exercise of  its  jurisdiction.

What is the difference between Article 226 and Article 227 of the constitution of India

It is very difficult to really  to understand the difference between the two. However there are several judgments of the Hon’ble Supreme Court which has dealt with such situations .

Now in case of article 226  the High Court exercises original jurisdiction for issue of writs  while in case of article 227 it exercises supervisory jurisdiction which can be exercises suo moto

A reference judgment is Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003

Conclusion for Difference between Article 226 and Article 227 of the constitution of India

Article 226 is exercised  to issue appropriate writs which is mainly for  protection of fundamental rights. Under  Article 227 are more of supervisory over lower courts .   for more information kindly visit Caveat India

Also visit our partner website Taps9 Law Chamber for more information

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