Jurisprudence, Interpretation and General Laws · Constitution of India

Union Judiciary and Writ Jurisdiction: Articles 32 and 226

Updated 11 October 2026 · Fact-checked

The Union judiciary is headed by the Supreme Court, with High Courts below it. Articles 32 and 226 let you approach the Supreme Court or a High Court for writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. To solve a question, identify the writ, the court, the right violated and the conclusion.

Understand Union Judiciary and Writ Jurisdiction

India has a single, integrated judiciary. The Supreme Court sits at the top, High Courts are in each State (or group of States), and subordinate courts work under the High Courts. Courts decide disputes, interpret the Constitution and protect rights.

The Supreme Court has several kinds of jurisdiction. Original jurisdiction (Article 131) covers disputes between the Centre and States, or between States, where a legal right is involved. Appellate jurisdiction covers constitutional, civil and criminal matters from High Courts. Advisory jurisdiction (Article 143) lets the President seek its opinion on a question of law or fact of public importance. Article 141 makes the law it declares binding on all courts in India.

A writ is a written order from a court commanding or restraining an action. Article 32 is itself a Fundamental Right: you can go directly to the Supreme Court if a Fundamental Right is violated. Article 32 is available only for enforcing Fundamental Rights. Article 226 gives High Courts a wider power. They can issue writs for Fundamental Rights and also for any other purpose, which covers legal rights.

The five writs do different jobs. Habeas corpus secures the release of a person unlawfully detained. Mandamus commands a public authority to perform a public duty. Prohibition stops a lower court or tribunal from exceeding its jurisdiction. Certiorari quashes an order already made by a body that acted without jurisdiction, in excess of it, or against natural justice. Quo warranto asks a person holding a public office by what authority they hold it.

Judicial review is the power of courts to test laws and executive actions against the Constitution and strike down what is unconstitutional. Writs are the main tool of judicial review. The Supreme Court has held judicial review to be part of the basic structure of the Constitution.

Key rules to remember

Article 32: Right to move the Supreme Court for enforcement of Fundamental Rights; It is a Fundamental Right itself. The Supreme Court may issue directions, orders or writs of any kind.
Article 226: High Court writ power: Fundamental Rights and any other purpose; Wider than Article 32. The High Court can act against any person or authority within its territorial jurisdiction.
Five writs: Habeas corpus | Mandamus | Prohibition | Certiorari | Quo warranto; Learn each by its job: release, command, stop, quash, question the authority to hold office.
Original jurisdiction of Supreme Court: Article 131: Centre v State(s) or State v State, on a legal right; Exclusive to the Supreme Court. Disputes must involve a question on which the existence or extent of a legal right depends.
Advisory jurisdiction: Article 143: President may refer a question for opinion; The opinion is advisory. It is not a judgment between parties.
Law declared by Supreme Court: Article 141: binding on all courts in India; This is the constitutional basis of precedent in India.
Prohibition v Certiorari: Prohibition: before the order, to prevent | Certiorari: after the order, to quash; Both are issued against courts, tribunals and bodies acting judicially or quasi-judicially.

How to solve Union Judiciary and Writ Jurisdiction questions

Use this method for any question on the Supreme Court, High Courts or writs. It keeps your answer in the provision, facts, conclusion format.

1Read the question and mark what is asked: jurisdiction, a specific writ, comparison of Articles 32 and 226, or judicial review.
2State the relevant Article and its rule in one or two sentences, for example Article 32 or Article 226.
3Identify the wrong alleged in the facts: unlawful detention, non-performance of duty, excess of jurisdiction, an order already passed, or an unlawful claim to a public office.
4Match the wrong to the writ using its job: release, command, stop, quash or question the authority.
5Choose the forum. Fundamental Right only can go to the Supreme Court under Article 32. A legal right can go only to the High Court under Article 226.
6Apply the conditions: the respondent must be a proper authority, the duty must be public, and the petitioner must usually have standing.
7Write a clear conclusion that names the writ and the court, and state any limit that applies.

Quickest way: Wrong-to-writ matching

When to use it: Use this for short problem questions where you must name the writ and the court.

Ask: what is the wrong? Detention, inaction, overreach, bad order, or unauthorised office holding.
Pick the writ: habeas corpus, mandamus, prohibition, certiorari or quo warranto.
Ask: is a Fundamental Right involved? If yes, Article 32 or 226 works. If only a legal right, use Article 226.
Write one line of law, one line of facts, one line of conclusion.

Common mistakes in Union Judiciary and Writ Jurisdiction

Saying Article 32 and Article 226 are identical.
Both give writ powers, so they look the same.
Fix: Write that Article 32 is limited to Fundamental Rights, while Article 226 also covers any other purpose. Add that Article 32 is itself a Fundamental Right.
Mixing up prohibition and certiorari.
Both deal with lower courts and tribunals acting beyond their power.
Fix: Use timing. Prohibition acts while proceedings are pending to stop them. Certiorari acts after a decision to quash it.
Using mandamus to force a private party or a discretionary act.
Students remember only that mandamus is a command.
Fix: State that mandamus enforces a public duty, normally against a public authority. It does not compel a private person to perform a private obligation.
Confusing the Supreme Court's original and advisory jurisdiction.
Article 131 and Article 143 both involve the Supreme Court directly.
Fix: Original jurisdiction decides a dispute between governments. Advisory jurisdiction gives the President an opinion and is not a binding judgment between parties.
Writing the answer without a conclusion naming writ and court.
Students spend time on the explanation and run out of time.
Fix: End every problem answer with one sentence such as: Therefore, the petitioner may seek a writ of habeas corpus under Article 226 before the High Court.
Treating judicial review as only a writ power.
Writs are the most visible tool, so the larger concept gets reduced to them.
Fix: Define judicial review as the court's power to test laws and executive action against the Constitution, with writs as one important way to exercise it.

Worked examples

Example 1

Ravi is held in police custody for several days without being produced before a Magistrate. His brother wants quick relief. Which writ is suitable, and which courts can he approach?

Show the solution

Provision: Article 32 lets a person approach the Supreme Court for enforcement of Fundamental Rights. Article 226 lets a High Court issue writs for Fundamental Rights and other purposes.
Facts: Ravi is detained without being produced before a Magistrate. This raises a violation of the right to personal liberty, a Fundamental Right.
Writ: The wrong is unlawful detention. The writ whose job is to secure release from unlawful detention is habeas corpus.
Forum: Because a Fundamental Right is involved, the petition can be filed in the Supreme Court under Article 32 or in the High Court under Article 226.
Condition: The court will call the detaining authority to justify the detention. If there is no lawful basis, it will order release.

Answer: Ravi, through his brother, may seek a writ of habeas corpus before the High Court under Article 226 or the Supreme Court under Article 32. The court will examine the legality of the detention and order release if it is unlawful.

Example 2

A State tribunal begins hearing a dispute that clearly lies outside its statutory powers. Later it passes a final order. Distinguish the writs available before and after the order, and name the courts that can issue them.

Show the solution

Provision: Articles 32 and 226 empower the Supreme Court and High Courts respectively to issue writs, including prohibition and certiorari.
Before the order: The tribunal is proceeding without jurisdiction. The writ of prohibition prevents it from continuing.
After the order: The tribunal has already decided. The writ of certiorari quashes an order made without jurisdiction, in excess of it, or against natural justice.
Forum: A High Court can issue either writ under Article 226. The Supreme Court can do so under Article 32 only if a Fundamental Right is being enforced.
Distinction: The test is timing. Prohibition prevents, certiorari corrects.

Answer: Before the order, the affected party can seek a writ of prohibition. After the order, the remedy is a writ of certiorari to quash it. The High Court can issue these under Article 226, and the Supreme Court can under Article 32 where a Fundamental Right is involved.

Exam tips

Prepare a short comparison of Articles 32 and 226. It is a common theory question, and a point-wise contrast scores well.
For each writ, learn a one-line meaning, when it is issued, and one limit. This covers both short notes and problem questions.
In problem questions, always name the writ and the Article. Do not stop at saying the court will give relief.
Link the topic to Fundamental Rights and judicial review in your answer. Examiners reward clear connections between the Constitution and administrative law.
Write the Supreme Court's original, appellate and advisory jurisdictions as three labelled points with the Article for each.

Practice questions from Constitution of India

Union Judiciary and Writ Jurisdiction: frequently asked questions

What is the difference between Article 32 and Article 226?

Article 32 lets you go to the Supreme Court only to enforce Fundamental Rights, and it is itself a Fundamental Right. Article 226 lets you approach a High Court for Fundamental Rights and for any other purpose, so it is wider in scope.

What is the difference between certiorari and prohibition?

Both are issued against courts, tribunals and similar bodies acting beyond their powers. Prohibition stops proceedings that are still going on. Certiorari quashes an order that has already been passed.

When can a writ of mandamus be issued?

It can be issued to compel a public authority to perform a public duty it has failed to perform. You must usually show a legal right to the performance of that duty. It is not meant to compel a private person to perform a private obligation.

What is judicial review in India?

Judicial review is the power of the courts to test laws and executive actions against the Constitution and declare them invalid if they conflict with it. Writ jurisdiction under Articles 32 and 226 is a main way in which it is exercised.