Abstract

The Indian Constitution enshrines the fundamental right to constitutional remedies, ensuring the protection and enforcement of fundamental rights through Articles 32 and 226. While Article 32 empowers individuals to directly approach the Supreme Court for the enforcement of fundamental rights, Article 226 provides the High Courts with broader jurisdiction, extending not only to fundamental rights but also to other legal rights. This article explores the similarities and differences between these provisions, highlighting their respective scopes, powers, and limitations. The study delves into the five writs—Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto—and their application in judicial review. Key research questions address the maintainability of petitions under Article 32 following dismissal under Article 226 and the extent of the Supreme Court’s power beyond issuing writs. Through an analysis of landmark judgments, this paper affirms that while both provisions serve as crucial mechanisms for upholding constitutional rights, Article 32 remains the "heart and soul" of the Constitution, ensuring judicial oversight and reinforcing the rule of law.

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