Under which Article of the Constitution of India can a person move the High Court if his or her fundamental rights are breached?

Difficulty: Easy

Correct Answer: Article 226

Explanation:


Introduction / Context:
The Constitution provides effective remedies when fundamental rights are violated. For this, both the Supreme Court and the High Courts have writ jurisdiction. The Supreme Court remedy is under Article 32, while High Courts have a broader power under Article 226. This question asks specifically about moving the High Court when a fundamental right is breached.


Given Data / Assumptions:

  • The person wishes to move a High Court, not the Supreme Court.
  • The reason is breach of fundamental rights.
  • We must identify the relevant article number for the High Court writ power.
  • The options include several unrelated articles as distractors.


Concept / Approach:
Article 226 empowers High Courts to issue writs for the enforcement of fundamental rights and for any other purpose. Its scope is thus wider than Article 32, which is restricted to fundamental rights. However, Article 32 applies only to the Supreme Court. For High Court jurisdiction, Article 226 is the correct constitutional provision to remember.


Step-by-Step Solution:
Step 1: Recall that Article 32 gives the Supreme Court writ jurisdiction. Step 2: Recall that Article 226 gives similar writ powers to every High Court. Step 3: The question specifically mentions approaching a High Court for breach of fundamental rights. Step 4: Therefore, the correct answer is Article 226.


Verification / Alternative check:
A simple memory aid is to pair 32 with Supreme Court and 226 with High Court in your notes. Many polity textbooks directly state that Articles 32 and 226 are the two backbone provisions for writ petitions. If you remember this pair, it becomes easy to answer questions that specify which court is being approached.


Why Other Options Are Wrong:

  • Article 36: This is part of the Directive Principles chapter and refers to the definition of State, not fundamental rights remedies.
  • Article 234: Relates to appointments of persons other than district judges to the judicial service of a State.
  • Article 256: Deals with the obligation of States and the Union control, and is not about individual remedies.
  • Article 32: This indeed provides the right to move the Supreme Court for enforcement of fundamental rights, but the question is about the High Court, so it is not the correct answer here.


Common Pitfalls:
The most common error is to mark Article 32 automatically for any question about fundamental rights enforcement without noting whether the question refers to the Supreme Court or a High Court. Always pay attention to which court is mentioned in the stem. Another pitfall is to confuse Article numbers that appear frequently in discussions about State policy or judiciary structure, but are not directly about writ remedies.


Final Answer:
A person can move the High Court for breach of fundamental rights under Article 226 of the Constitution of India.

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