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What is the difference between Article 226 and Article 227?
What is Article 226 of Indian Constitution?
What is Clause 3 of Article 226?
What does 'for any other purpose' mean in Article 226?
Learn about the power of High Courts to issue writs for the enforcement of rights under Part III of the Constitution and other purposes. Read the full text, editorial comments, and amendment history of Article 226.
- Introduction
- Article 226 of The Indian Constitution
- Difference Between Article 32 and Article 226
- Difference Between Article 226 and Article 227
- Scope of Article 226
- Writs
- Types of Writs Available Under Article 226
- Difference Between Mandamus and Prohibition
- Difference Between Certiorari and Prohibition
- Conclusion
The judiciary in India is vital to democracy because it not only prevents government officials from misusing their powers but also safeguards the rights of citizens and guards the Indian Constitution. As a result, India’s Constitution envisions a powerful, independent, and well-organised judiciary. Articles 32 and Article 226 provide the Supreme Co...
Enshrined under Part V of the Constitution of India, Article 226 provides the High Courts with the power to issue writs, including writs in the form of habeas corpus, mandamus, prohibition, quo warranto, certiorari, or any of them, to any person or authority, including the government. Article 226 of the Indian Constitution gives High Courts the pow...
Article 32 is a fundamental right, but Article 226 is a constitutional right.Article 32 can be suspended if the President declares an emergency, however, Article 226 cannot be suspended even during an emergency.Article 32 has a limited reach since it only applies when a fundamental right has been violated. Article 226 on the other hand, has a greater reach since it applies not only to violations of fundam...Under Article 32, the Supreme Court has the authority to issue writs across India. As a result, the Supreme Court’s territorial jurisdiction is broader and expanded. Article 226, on the other hand,...The Supreme Court of India relied on many previous constitutional judgments of the Hon’ble Apex Court in the case of Surya Devi Rai vs. Ram Chander Rai, one of which was Umaji Keshao Meshram and Ors. vs. Smt. Radhikabai and Anr which established the scope, power, and differences between Articles 226 and 227. After reviewing its prior decisions in t...
In Bandhua Mukti Morcha v. the Union of India (1984), it was held that Article 226 has a much broader scope than Article 32, as it gives the High Courts the power to issue orders, directions, and writs not only for the enforcement of fundamental rights but also for the enforcement of legal rights that are granted to the disadvantaged by statute and...
A writ is a written order issued by a court instructing someone to do or refrain from doing something. It possesses authority and the ability to compel compliance. We all have various rights, such as the right to life, the right to education, the right to dignity, and so on, but these rights can only be used if they are safeguarded. Our Constitutio...
Habeas Corpus
It’s a Latin phrase that means “to have a body or to produce a body.” This is the most powerful and most often used writ. For example, if a person is wrongfully held by the government, that person, or his family or friends, can file a writ of Habeas Corpus to have that person released. When this writ is used, the Supreme Court or the High Court interrogates the State about the reasons for the individual’s detention. If the ground is judged to be irrational, the person is promptly freed from c...
Mandamus
It’s a Latin phrase that translates to ‘we command.’ It is a type of command that can be used to execute public duties by constitutional, statutory, non-statutory, universities, courts, and other bodies. This writ is used to compel a public official to carry out the duties that have been assigned to them. The only requirement for using this writ is that there be a public duty. The writ of Mandamus is used to order any authority to carry out the public obligations given to them. It’s a directi...
Certiorari
It’s a Latin phrase that means ‘to be certified.’ The Supreme Court and the High Court can use this writ to order other subordinate courts to submit their records for review. The purpose of these reviews is to see if the lower court’s decisions are legal or not. Their decisions may be illegal if they are made in excess of jurisdiction, in the absence of jurisdiction, in unconstitutional jurisdiction, or in violation of natural justice principles. If their decisions are found to be unconstitut...
The writ of mandamus is Issued against judicial, quasi-judicial, and administrative authority. Whereas, the writ of prohibition is Issued against judicial and quasi-judicial authority.The writ of mandamus is an order to a lower court to do something. Whereas, writ of prohibition is an order to a lower court to not do something.The writ of mandamus directs activity. Whereas, writ of prohibition directs inactivity.The writ of mandamus directs the performance of public duties. Whereas, writ of prohibition prohibits continuance in excess of their jurisdiction.The writ of prohibition is issued to stop a decision or administrative action in the process from moving further, whereas the writ of certiorari is used to quash a judgement that has already been m...When a subordinate court takes up hearing a subject over which it has no jurisdiction, the person being sued can file a writ of prohibition with the supreme court, and an order will be issued prohi...A writ of prohibition is issued prior to the conclusion of the proceedings. Writ of certiorari is issued after a subordinate court or Tribunal, or any other entity exercising judicial or quasi-judi...A writ of prohibition is intended to prevent rather than heal. Whereas, writ of certiorari is used to quash a decision made by a lower court.Martin Luther King once said, “Injustice anywhere is a threat to justice everywhere”. This indicates that any unjust conduct or injustice perpetrated somewhere in the world will spread like a virus and will not be accepted everywhere. As a result, all the justice that has been done will be tainted, and everyone else will wonder what it would take f...
- Rachit Garg
Article 226 grants power to High Courts to issue directions, orders or writs to any person or authority for the enforcement of rights conferred by Part III or any other purpose. It also provides for the jurisdiction, procedure and limitations of High Courts in exercising this power.
Draft Article 202 (Article 226) was debated on 7 June and 7 September 1949. It authorised the High Courts to issue certain writs. One member proposed to amend the Draft Article, so that a High Court could issue any writs that it considered ‘necessary or appropriate’.
Apr 17, 2021 · Underlying principles of Article 226: Reiterating clause (1) of Article 226, which empowers the high court to issue writ orders for the enforcement of constitutional rights guaranteed to the citizens.
Apr 12, 2018 · Article 226, empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them. What are these Writs?
Jun 18, 2023 · Article 226 grants every High Court the power to issue directions, orders or writs to any person or authority for the enforcement of rights under Part III or other purposes. It also provides for the procedure and time limit for vacating interim orders made without notice or hearing.
