Article 226 of Indian Constitution
Article 226 of the Indian Constitution
1. Text of Article 226
Article 226 empowers the High Courts in India to issue certain writs for enforcement of fundamental rights or for any other purpose.
Exact Text:
(1) Power of High Courts to issue certain writs.
Notwithstanding anything in Article 32, every High Court shall have the power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including the government, 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.(2) Application of Article 226 in Union territories.
The power conferred by clause (1) to issue directions, orders or writs to any person or authority, including the Government, may also be exercised by the High Court of a State within the local limits of whose jurisdiction any cause of action, arises, in relation to any Union territory specified in the First Schedule or in relation to any other area in which the laws of that State are in force by virtue of Parliament’s legislation.
2. Scope and Significance
Wider jurisdiction than Article 32:
Article 226 confers wider powers on High Courts than Article 32 (which vests similar power in the Supreme Court).
Under Article 226, writs can be issued not only for enforcement of fundamental rights (Part III) but also for any other purpose (i.e., even for enforcement of statutory rights or to correct any illegal or arbitrary exercise of power).
Under Article 32, writs are issued only for enforcement of fundamental rights.
Jurisdiction over any person or authority:
The High Court can issue writs to any person or authority, including the government and its instrumentalities.
Territorial jurisdiction:
The High Court exercises writ jurisdiction within the territory over which it has judicial authority.
Accessible remedy:
Article 226 is a powerful tool for citizens to seek justice against arbitrary action, violation of rights, or maladministration at the state or local level.
3. Types of Writs Under Article 226
The writs that High Courts can issue include:
Habeas Corpus: To produce a person unlawfully detained before the court.
Mandamus: To command a public authority to perform a public duty.
Prohibition: To prevent lower courts or tribunals from exceeding jurisdiction.
Certiorari: To quash an order or decision passed by a lower court or authority.
Quo Warranto: To question the authority of a person holding a public office.
4. Key Features
The power under Article 226 is discretionary, not absolute.
The High Court may refuse writs if there is an adequate alternative remedy.
The High Court’s power is extraordinary and supervisory, not appellate.
Article 226 powers can be exercised even in the absence of infringement of fundamental rights (unlike Article 32).
It serves as an important instrument of judicial review over administrative and quasi-judicial authorities.
5. Important Case Laws
1. Hussainara Khatoon v. State of Bihar (1979)
The Supreme Court emphasized the importance of writ jurisdiction under Article 226 to protect personal liberty and enforce fundamental rights.
Highlighted the use of habeas corpus writ for release of undertrial prisoners.
2. K.K. Verma v. Union of India (1962)
Clarified that Article 226 is not limited to enforcement of fundamental rights; it extends to other rights and public interest issues.
3. S.P. Gupta v. Union of India (1981) (Judges’ Transfer Case)
Affirmed the broad scope of Article 226 for judicial review and protection of rights.
Held that High Courts have independent jurisdiction to issue writs for any purpose.
4. R.D. Shetty v. International Airport Authority of India (1979)
Confirmed that the writ jurisdiction under Article 226 is available to challenge illegal actions by statutory authorities.
5. State of Bihar v. Smti. Dwarika Prasad Sharma (1959)
Held that High Courts will not interfere under Article 226 if there exists an adequate alternative remedy like appeal or revision.
6. Distinction between Article 226 and Article 32
| Aspect | Article 226 | Article 32 |
|---|---|---|
| Issuing authority | High Courts | Supreme Court |
| Purpose | Enforcement of fundamental rights and any other purpose | Enforcement of only fundamental rights |
| Territorial Jurisdiction | Within the territory of the respective High Court | All over India |
| Availability of writs | May be refused if alternative remedy exists | Can be invoked directly without alternative remedy |
| Scope | Broader jurisdiction | Limited to fundamental rights |
7. Conclusion
Article 226 is one of the most important constitutional provisions providing wide and effective writ jurisdiction to High Courts in India. It acts as a safeguard against arbitrary state action, ensures protection of fundamental and other legal rights, and promotes judicial review at the state level. Its flexible and expansive scope makes it a vital instrument for upholding the rule of law and protecting citizens' rights.
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