Article 226 of Constitution of India
Article 226 of Constitution of India deals with Power of High Courts to issue certain writs.
From the Constitution
(1) Notwithstanding anything in article 32 3*** 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 1[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) 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.
2[(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard,
makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.]
1[(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.]
- Unlike the Supreme Court of India's Writ Jurisdiction (as empowered by Article 32, the writ powers of High Court are wider because they are not limited to the enforcement of Fundamental Rights but also 'on any other matter' (other legal rights).
Related Cases / Recent Cases / Case Law
- State of Bombay v Bombay Educational Society and Others, AIR 1954 SC 561, 1955 SCR 568
- Ramesh Chandra v Principal, Bipin Behari Intermediate College, Jhansi, AIR 1953 All 90
- K Madhava Reddy and Others v Government of Andhra Pradesh and Others, Civil Appeal Jurisdiction, Civil Appeal No 4947-4951 OF 2014, Supreme Court of India judgement dated April 29, 2014
- Secretary to Government, School Education Department, Chennai v Thiru R Govindaswamy and Others, Civil Appeal Jurisdiction, Civil Appeal Petition No 2726-2729 OF 2014, Supreme Court of India judgement dated February 25, 2014
- Chennai Metropolitan Water Supply and Sewerage Board and Others v T T Murali Babu, Civil Appeal Jurisdiction, Civil Appeal Petition No 1941 OF 2014, Supreme Court of India judgement dated February 10, 2014
- Chandran Ratnaswami v K C Palanisamy and Others, Civil Appeal Jurisdiction, Civil Appeal No. 4540 OF 2013, Supreme Court of India judgement dated May 9, 2013
- State of Punjab Vs Salil Sabhlok and Others, Civil Appeal Jurisdiction, Civil Appeal No. 7640 OF 2011, Supreme Court of India judgement dated February 15, 2013
- Balmer Lawrie and Co and Others Vs Partha Sarathi Sen Roy and Others, Civil Appeal Jurisdiction, Civil Appeal No. 419-426 OF 2004, Supreme Court of India judgement dated February 20, 2013
- Surender Kaushik and Others Vs State of Uttar Pradesh and Others, Criminal Appeal Jurisdiction, Criminal Appeal No. 305 OF 2013, Supreme Court of India judgement dated February 14, 2013
- C K Jaffer Sharief Vs State through CBI, Criminal Appeal No. 1804 of 2012, Arising out of SLP (Crl.) No.3841 of 2012, Supreme Court of India judgement dated October 8, 2012
- Ayaaubkhan Noorkhan Pathan Vs State of Maharashtra and Others, Civil Appeal no. 7728 of 2012, Supreme Court of India judgement dated November 8, 2012
- State of Gujarat and Another Vs Gujarat Revenue Tribunal Bar Association and Another, Civil Appeal No.7208 of 2012, Supreme Court of India judgement dated October 16, 2012
- Speaker Haryana Vidhan Sabha Vs Kuldeep Bishnoi and Others, Civil Appeal No.7125 of 2012 with Civil Appeal No.7126 of 2012 and Civil Appeal No.7127 of 2012 and Civil Appeal No.7128 of 2012, Supreme Court of India judgement delivered on September 28, 2012
- Under Article 143(1) of the Constitution of India, RE: Special Reference No.1 of 2012, Advisory Jurisdiction, Opinion delivered by the Supreme Court of India on September 27, 2012
- Gian Singh Vs State of Punjab and Another, Special Leave Petition (Criminal) No: 8989 of 2010; Supreme Court judgement delivered on September 24, 2012
- Mohd. Hussain @ Julfikar Ali vs The State (Govt. of NCT) Delhi, Supreme Court Judgement dated August 31, 2012
- V.N. Pachaimuthu Vs The Superintendent of Police, Villupuram District, Villupuram and Ors 2012 (3) CTC 291
- L Chandra Kumar vs Union of India, AIR 1997 SC 1125: In regard to tribunals, the Supreme Court of India held that the clause of Article 323A that excludes the jurisdiction of High Courts and Supreme Court under Articles 226 / 227 and 32 of the Constitution of India is unconstitutional.
- Aligarh Muslim University v Mansor Ali Khan, AIR 2000 SC 2783
- Dr Het Ram Kalia v Himachal Pradesh University, AIR 1977 Him Pra (NOC) 246 is a case about irregular appointment, Quo Warranto, Writ under Article 226 of Constitution of India, application of Res judicta and treatment of writs when delay and laches exits particularly when a continuing wrong exits.
- State of UP v Committee of Management of S K M Inter College, 1995 Supp (2) SCC 535, the power of the High Court under Article 226 is discretionary and the power cannot be exercised as a court of appeal.
- P Kasilingam v PSG College of Technology, (1981) 1 SCC 405: AIR 1981 SC 789