Article 229 of Constitution of India
Article 229 – Power of High Court to issue certain writs
Text of Article 229:
“Subject to the provisions of this Constitution, the High Court of a State 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, directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part III and for any other purpose.”
(Note: Article 229 is linked with the powers of the High Court under the repealed Government of India Act, 1935. In the current Constitution, these powers are primarily exercised under Article 226.)
Key Features:
Jurisdiction:
High Courts have jurisdiction throughout the state for issuing writs.
Nature of Writs:
The High Court can issue habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
Scope:
Writs can be issued for:
Enforcement of Fundamental Rights (Part III).
Any other purpose within the jurisdiction of the High Court.
Persons/Authorities Covered:
Can be directed to any person, authority, or government within the state.
Comparison with Article 226:
Article 226 now empowers High Courts to issue writs broadly, both for enforcement of fundamental rights and for other purposes.
Article 229 historically provided similar powers under the Government of India Act, 1935, but post-Constitution, Article 226 superseded it in practice.
Case Law Illustrations:
A.K. Gopalan v. State of Madras (1950)
Though primarily under Article 32, the Supreme Court acknowledged High Court powers to enforce rights, which evolved into the practice under Article 226/229.
Maneka Gandhi v. Union of India (1978)
Demonstrated that High Courts can issue writs to protect life, liberty, and other rights, showing the wide scope similar to Article 229 powers.
State of Bihar v. Kameshwar Singh (1952)
High Court used its writ jurisdiction (historically under 229) to intervene in matters affecting rights of citizens vis-a-vis the state.
Significance:
Empowers High Courts to act as guardians of citizens’ rights.
Ensures that state authorities and individuals act within legal boundaries.
Forms the basis of judicial review at the state level.
Conclusion:
Article 229 historically recognized the High Court’s power to issue writs within the state. While Article 226 now serves as the primary constitutional provision for writ jurisdiction, Article 229 laid the foundation for state-level enforcement of fundamental rights and other legal protections, ensuring rule of law and accountability.
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