The Provisions of The Constitution of Indian :

The provisions of the Constitution of Indian that most clearly express the power of judicial review are :

  1. Article 21 and Article 446
  2. Article 32 and Article 226
  3. Article 44 and Article 152
  4. Article 17 and Article 143
Anurag Mishra Professor Asked on 29th September 2015 in Constitution of India.
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  • 1 Answer(s)

    Answer: (2) Article 32 and Article 226

    According to Article 32 of Indian Constitution is
    Remedies for enforcement of rights conferred by this Part

    1.  The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
    2. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
    3. Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
    4. The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution

    In Article 226 of Indian Constitution is Power of High Courts to issue certain writs

    1. Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
    2. The power conferred by clause ( 1 ) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories
    3. Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without
      1. furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
      2. giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
    4. The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32
    Anurag Mishra Professor Answered on 29th September 2015.
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