What is Article 226 of the Constitution?
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 writs under Article 226?
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.
What are the remedies available against administrative authorities under Article 32 and 226 of the Constitution of India?
There are five types of Writs- Habeas Corpus, Certorari, Prohibition Mandamus and Quo Warranto Article 32 and 226 of the constitution of India has designed for the enforcement of fundamental rights and for a judicial review of administrative actions, in the form of writs.
When can a remedy be refused Article 226?
It is well established that the remedy provided for in Article 226 of the Constitution is a discretionary remedy and the High Court has always the discretion to refuse to grant such a relief in certain circumstances even/though a legal right might have been infringed.
What is the right to constitutional remedies?
The Right to Constitutional Remedies gives the citizens the right to approach the Supreme Court or the High Court to get any fundamental right restored in case they are violated. Thereafter the Supreme Court or High Court can issue an order or directives for the government regarding the enforcement of these rights.
Who can file a petition under Article 226?
Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights. It should be noted that the authority against whom the writ petition is filed has to be present within the territory of India, otherwise, the petition has no value.
Is Article 226 suspended during emergency?
Article 226 cannot be suspended even at the time of emergency. Article 32 has a narrow scope as it is applicable only in case of violation of a fundamental right. Article 32 empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction.
What are constitutional remedies?
There is a right in India which states that a person can move to Supreme court if he/she wants to get their fundamental rights protected. It is known as the right to constitutional remedies. In this right, the Supreme court, as well as high court, is given the power to instill the fundamental rights.
What are the five constitutional remedies?
There are five types of Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.
Is Article 226 a legal right?
Article 226 of the Constitution allows the High Court to not only enforce Fundamental Rights but the use of words ‘other purposes’ also allows the High Court to enforce Legal Rights as well.
How many constitutional remedies are there?
There are six fundamental rights (Article 12 – 35) recognised by the Indian constitution : the right to equality (Articles 14-18), the right to freedom (Articles 19-22), the right against exploitation (Articles 23-24), the right to freedom of religion (Articles 25-28), cultural and educational rights (Articles 29-30 ) …
Is Article 226 a fundamental right?
Article 32 is a fundamental right. Article 226 is a constitutional right. Since, Article 32 is a fundamental right, the same cannot be refused by the Supreme Court. Article 226 confers Discretionary power to the High Court which means it is at the discretion of the High Court to issue a writ or not.