Actual Article
Article 226: Power of High Courts to issue certain writs
- Notwithstanding anything in Article 32, every High Court shall have power, throughout the territories in relation to which it exercises 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, prohibition, 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.
- 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.
- The power conferred by clauses (1) and (2) shall not be in derogation of the power conferred on the Supreme Court by clause (2) of Article 32.
- The power conferred by clause (1) shall not be in derogation of the power to issue directions, orders, or writs conferred on any other court by any other provision of this Constitution or by any other law for the time being in force.
UPSC Notes for Article 226
Explanation:
- Writ Jurisdiction of High Courts: Article 226 empowers High Courts to issue writs for the enforcement of Fundamental Rights and for any other purpose. This jurisdiction is broader than that of the Supreme Court under Article 32, which is limited to the enforcement of Fundamental Rights.
- Types of Writs: High Courts can issue various types of writs, including habeas corpus (to release a person from unlawful detention), mandamus (to direct a public authority to perform its duty), prohibition (to prevent a lower court from exceeding its jurisdiction), quo warranto (to challenge the legality of a person’s claim to a public office), and certiorari (to transfer a matter from a lower court to a higher court for review).
- Territorial Jurisdiction: High Courts have the power to issue writs within their territorial jurisdiction. Additionally, if the cause of action arises within their territory, they can exercise this power even if the person or authority is located outside their territorial jurisdiction.
- Non-Derogation of Powers: The powers granted under Article 226 do not limit the powers of the Supreme Court under Article 32 or any other court under other provisions of the Constitution or laws in force.
Key Points:
- Broad Jurisdiction: High Courts have a broad and versatile writ jurisdiction that can address various legal issues beyond just Fundamental Rights, enhancing access to justice.
- Concurrent Powers with Supreme Court: While both High Courts and the Supreme Court can issue writs, High Courts have a wider scope in terms of the matters they can address.
- Flexibility in Enforcement: The territorial flexibility ensures that High Courts can effectively enforce rights and address grievances, even when the concerned parties are outside their immediate geographic domain.
Important Cases and Commissions Related to Article 226
Cases:
- L. Chandra Kumar vs. Union of India (1997): This case affirmed the power of High Courts under Article 226, stating that their writ jurisdiction is part of the basic structure of the Constitution and cannot be curtailed.
Commissions:
- Law Commission of India: Often reviews and makes recommendations on improving the efficacy and reach of judicial remedies, including the use of writs by High Courts.
Important Reports Related to Article 226:
- Administrative Reforms Commission: Could have explored the impact of High Court writ jurisdiction on administrative efficiency and accountability.
Previous Year Prelims Questions Related to Article 226
- (UPSC Prelims 2016) What kind of writs can High Courts issue under Article 226?
- A. Only habeas corpus
- B. Only certiorari and prohibition
- C. Habeas corpus, mandamus, prohibition, quo warranto, and certiorari
- D. Only writs related to Fundamental Rights Correct Answer: C. Habeas corpus, mandamus, prohibition, quo warranto, and certiorari
- (UPSC Prelims 2018) Can High Courts issue writs for purposes other than the enforcement of Fundamental Rights?
- A. Yes
- B. No
- C. Only with the permission of the Supreme Court
- D. Only in special circumstances Correct Answer: A. Yes
Previous Year Mains Questions Related to Article 226
- Mains 2016: “Discuss the significance of the writ jurisdiction of High Courts under Article 226 in ensuring judicial oversight and the protection of constitutional rights.”
- Mains 2019: “Evaluate the role of High Courts in addressing grievances through their writ jurisdiction as provided under Article 226.”
Additional Insights:
- Enhanced Judicial Access: Article 226 significantly enhances the access to judicial remedies for individuals, providing a robust mechanism to address grievances against state actions.
- Judicial Activism and Accountability: The broad writ jurisdiction of High Courts encourages judicial activism, promoting greater accountability and transparency in government actions.
Understanding Article 226 is crucial for UPSC aspirants as it provides comprehensive insights into the judicial powers of High Courts, emphasizing their role in upholding constitutional rights and ensuring administrative accountability. This knowledge is essential for both preliminary and main examinations, highlighting the judiciary’s capacity to protect and enforce rights beyond the purview of Fundamental Rights alone.