There are difference betweenย Articles 226 and 227ย 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 Indiaย ย providesย powerย ย toย issue writsย by filing petitions in High Courts .ย Fundamental rightsย are providedย under Part III of the Constitutionย . There are 5 types of writsย namely writ ofย 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 hasย authorityย over all Courts and Tribunals within the territory whereinย High Court is empowered to exerciseย Jurisdiction.ย ย Other than Military courtsย theย that High Courts has the superior authority overย most Courts in exercise ofย itsย jurisdiction.
What is the difference between Article 226 and Article 227 of the constitution of India
It is very difficult to reallyย 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 226ย the High Court exercises original jurisdiction for issue of writsย 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 exercisedย to issue appropriate writs which is mainly forย protection of fundamental rights. Underย Article 227 are more of supervisory over lower courts .ย ย for more information kindly visit Caveat India
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