Difference between article 226 and article 227 of the constitution of India

The Article 226 empowers High Courts to issue directions, orders or writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari. Such directions, orders or
writs may be issued for the enforcement of fundamental rights or for any other purpose.

Whereas, the Article 227 of the Constitution confers on every High Court the power of
superintendence over all courts and tribunals throughout the territories in relation to which it
exercises jurisdiction excepting any court or tribunal constituted by or under any law relating
to the armed forces.

So a question regarding the difference between these two articles arouse out of the
application and understanding of both the articles. The writ of MANDAMUS issued by the
H.C & S.C is issued as a command to an inferior court or ordering a person to perform a
public or statutory duty.

The first and foremost difference between the two articles is that Proceedings under Article
226 are in exercise of the original jurisdiction of the High Court while proceedings
under Article 227 of the Constitution are not original but only supervisory.
MANDAMUS DEFINED

MANDAMUS is a command issued by a court commanding a public authority to perform a

public duty belonging to its office. It is issued to enforce performance of public duties by
authorities of all kinds.

Scope of writ of mandamus

The scope of this writ is seen in the context that against whom this writ can be issued and
against whom this writ cannot be issued. Along with it what are the circumstances under
which this writ can be issued.

The Madhya Pradesh government made a rule making it a matter of its discretion to grant
dearness allowance to its employees. As no right was conferred on government servants to
the grant of dearness allowance, and no duty was imposed on the government to grant it, and
as the government had merely taken the power to grant the allowance at its own discretion,
mandamus could not be issued to compel the government to exercise its discretionary power.

When writ of mandamus can be issued

 Mandamus can be issued when the government denies to itself a jurisdiction which it
undoubtedly has under the law.

When writ can not be issued

Article 16(4) of the constitution confers discretion on the government to reserve posts for
backward classes. Article 16(4) neither imposes any obligation, nor confers power coupled
with duty on the government to make reservations. Accordingly, mandamus cannot be issued
directing the government to make reservationsunder article 16(4).