What is Article 226 of the Constitution of India?
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 rights under Article 226?
Enshrined under Part V of the Constitution of India, Article 226 confers power to the High Courts to issue orders, directions, and writs in the nature of Habeas corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.
What does Article 226 say?
Under Article 226, a High Court is empowered to issue directions, orders or writs, including writs in nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of a Fundamental Right and for any other purpose.
How many writs are there in Article 226?
These are the five types of writs which were issued by the Supreme court and High court under Arts. 32 and 226 of the constitution . Habeas corpus and Quo warranto being confined to specific situations, Certiorari and Mandamus are the two most commonly sought writs to control the actions of administrative bodies.
Is Article 226 Original Jurisdiction?
It has been urged that the power to issue writs under Article 226 is original jurisdiction and not appellate or revisional jurisdiction. Though the Power of superintendence is original it is not of the same kind as is possessed by the ordinary civil Courts of original jurisdiction.
What are the powers of High Court under Article 226?
Article 226 of the Constitution empowers the Hon’ble High Courts to exercise power through issuance of writs – habeas corpus, mandamus, quo warranto, prohibition and certiorari or any appropriate writ.
Who can file a writ petition under Article 226?
Who can file a writ petition? A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.
Can the relief available under Article 226 be barred by statute?
Article 226 of the Constitution of India reserves original jurisdiction to the High Court to issue writs. When by any constitutional amendment, remedy of writ before a High Court cannot be barred, same cannot be done by any Parliamentary legislation or by State enactment.
Which court in India can issue writs under Article 226 of the Constitution?
the High Court
In India, writs are issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India.
In which case it was decided that the power of High Court under Article 226 and 227 are the basic structure of the Constitution?
The Constitution Bench in L. Chandra Kumar Vs. Union of India & Ors., (1997) 3 SCC 261, dealt with the nature of power of judicial review conferred by Article 226 of the Constitution and the power of superintendence conferred by Article 227.