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Article Volume 8 Issue 2 3090 - 3097 April 18, 2025

Judicial Remedies and Constitutional Safeguards Analyzing the Interplay Between Articles 32 and 226

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Pritam Kumar Samal
Faculty Associate at KIIT Law School, KIIT University, Patia and PhD Scholar, Xavier Law School XIM University, Bhubaneswar, India
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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Article
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International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3090 - 3097
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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