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

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

Also visit our partner website Taps9 Law Chamber for more information

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