Article 226 of the Indian Constitution empowers the High Courts to issue certain writs for the enforcement of fundamental rights and for any other purpose. This provision plays a crucial role in upholding the rule of law and ensuring that the rights of citizens are protected against arbitrary actions by the state and other authorities.
Key Features of Article 226:
1. Jurisdiction of High Courts:
Article 226 grants power to every High Court to issue orders, directions, or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari.
The jurisdiction under Article 226 is broader than the jurisdiction of the Supreme Court under Article 32, as the High Courts can issue writs not only for the enforcement of fundamental rights but also for any other purpose.
2. Writs under Article 226:
Habeas Corpus: A writ to secure the release of a person who has been unlawfully detained.
Mandamus: A writ directing a public authority to perform its duty.
Prohibition: A writ to prevent a lower court or tribunal from exceeding its jurisdiction.
Certiorari: A writ to quash the order passed by a lower court or tribunal.
Quo Warranto: A writ questioning the legality of a person's claim to a public office.
3. Scope and Ambit:
Article 226 has a wide ambit, allowing High Courts to exercise jurisdiction over any legal wrong or injustice.
High Courts can issue writs not only against the state but also against any person or authority, including private entities if they perform public functions.
The jurisdiction under Article 226 is discretionary, meaning the High Court may refuse to grant relief if it finds that the petitioner has an alternative and efficacious remedy.
4. Territorial Jurisdiction:
The power conferred by Article 226 extends to the whole territory within which the High Court exercises jurisdiction. This includes the power to issue writs against authorities situated outside its territorial jurisdiction, provided the cause of action arises within its jurisdiction.
5. Other Purpose:
Unlike Article 32, which is limited to the enforcement of fundamental rights, Article 226 allows High Courts to issue writs for "any other purpose," making it a broader remedy.
6. Limitations:
Despite its broad scope, Article 226 is subject to certain limitations. For instance, it cannot be used to interfere with the powers of the legislature or to challenge legislative acts.
The High Courts are also cautious not to exercise jurisdiction in matters involving complex policy decisions, unless there is a clear violation of law or fundamental rights.
Significance of Article 226:
Protection of Rights: Article 226 serves as a powerful tool for the protection of citizens' rights, allowing individuals to seek judicial intervention against unlawful actions by public authorities.
Judicial Review: It empowers the High Courts to perform the function of judicial review, ensuring that laws and administrative actions comply with constitutional provisions.
Flexibility: The flexibility provided by the phrase "for any other purpose" allows High Courts to address a wide range of grievances, making it a crucial element of India's constitutional framework.
Case Laws:
Bandhua Mukti Morcha v. Union of India (1984):
The Supreme Court recognized the importance of Article 226 in safeguarding fundamental rights and emphasized the proactive role of the judiciary in ensuring justice.
State of West Bengal v. Committee for Protection of Democratic Rights (2010):
The Supreme Court held that the High Court's power under Article 226 is not limited by the territorial boundaries of a particular state.
Article 226 has been a cornerstone in the development of constitutional law in India, providing an essential mechanism for the enforcement of rights and ensuring accountability in governance.
.png)
.png)
.png)
