Consider the following statements with respect to Article 32 and Article 226 of the Constitution of India :
- Article 32 confers a right on the petitioner while Article 226 confer a discretion on the High Court.
- Article 32 and Article 226 confer identical power on the Supreme Court and the High Courts to enforce the Fundamental Rights.
- The power of superintendence of the Supreme Court over the High Courts is not similar to the powers of superintendence conferred on the High Courts over the courts subordinate to them.
Which of the above statements is/are not correct?
1 and 3
3 only
2 only
2 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC Combined Section Officer – 2019-20
Statement 2 is incorrect because Article 32 and Article 226 do not confer identical power; Article 226 has a wider scope, covering enforcement of Fundamental Rights and any other legal rights, whereas Article 32 is confined only to the enforcement of Fundamental Rights. Statements 1 and 3 are correct. Therefore, the statement that is *not* correct is statement 2.
Article 32 guarantees the right to constitutional remedies for the enforcement of Fundamental Rights and is a Fundamental Right itself. Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights and other legal rights. The scope of Article 226 is broader than Article 32. High Courts have superintendence over subordinate courts (Article 227), a power not held by the Supreme Court over High Courts.