Article 226 of the Costitution of India with Case law
Article 226 of the Constitution of India
Title: Power of High Courts to issue certain writs
Bare Text of Article 226 (Simplified Summary):
(1) Every High Court shall have power to issue directions, orders, or writs (including habeas corpus, mandamus, prohibition, quo warranto, and certiorari) to any person or authority (including the government), for the enforcement of:
Fundamental Rights, and
For any other purpose.
(2) This power extends to any matter within the territory of the High Court’s jurisdiction, even if the person or authority is outside that territory, provided the cause of action arises within its jurisdiction.
(3) Power may be restricted during a national emergency.
(4) Nothing in Article 226 limits the High Court’s power to issue writs to enforce legal rights, even if the aggrieved person is not a citizen.
Explanation and Scope:
Article 226 empowers High Courts to:
Enforce Fundamental Rights (like Article 32 in the Supreme Court)
Enforce legal rights, including statutory and constitutional rights (broader than Article 32)
It is the most powerful tool available to High Courts for judicial review and ensuring good governance.
Types of Writs under Article 226:
| Writ | Purpose |
|---|---|
| Habeas Corpus | To release a person unlawfully detained |
| Mandamus | To compel a public authority to perform its duty |
| Prohibition | To stop a lower court or tribunal from acting beyond its powers |
| Certiorari | To quash an order of a lower court or tribunal |
| Quo Warranto | To challenge the legality of a person's claim to a public office |
Key Differences: Article 226 vs Article 32
| Feature | Article 226 (High Courts) | Article 32 (Supreme Court) |
|---|---|---|
| Rights enforced | Fundamental + Legal rights | Only Fundamental Rights |
| Jurisdiction | Territorial | Nationwide |
| Discretionary? | Yes | Yes (but considered fundamental right) |
| Scope | Wider | Narrower |
Important Case Laws on Article 226:
1. L. Chandra Kumar v. Union of India, (1997) 3 SCC 261
Held:
The power of judicial review under Article 226 is part of the basic structure of the Constitution.
High Courts' writ jurisdiction cannot be excluded even if tribunals are created.
**2. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802
Relevance:
The Court liberalized locus standi, holding that public interest litigation (PIL) can be filed under Article 226 to protect rights of poor and disadvantaged people.
**3. State of UP v. Mohammad Nooh, AIR 1958 SC 86
Held:
Certiorari can be issued under Article 226 if a tribunal violates principles of natural justice or acts without jurisdiction.
**4. T.C. Basappa v. T. Nagappa, AIR 1954 SC 440
Held:
Article 226 gives wide powers to High Courts to issue writs for both Fundamental and legal rights, even if there's an alternative remedy, in certain circumstances.
**5. Dwarka Nath v. ITO, AIR 1966 SC 81
Observation:
Article 226 is larger in scope than Article 32 and can be used even for non-Fundamental Rights. It is a "reservoir of judicial power".
Conclusion:
Article 226 is the backbone of administrative law and judicial review at the State level. It gives High Courts broad authority to:
Protect individual rights
Check executive and administrative abuse
Promote rule of law and constitutional governance
✅ Key takeaway: Article 226 allows citizens (and even non-citizens) to approach High Courts for justice beyond just Fundamental Rights.
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