📖 Article 226 of the Indian Constitution: Detailed Analysis
1️⃣ Introduction to Article 226
Article 226 grants High Courts the power to issue writs, orders, or directions for:
✔ Enforcement of Fundamental Rights (Part III)
✔ Enforcement of any other legal right (even non-fundamental)
✔ Against government, authorities, or private bodies performing public duties
( “writ jurisdiction of high courts,” “article 226 constitution of India,” “high court powers under article 226”)
2️⃣ Scope & Importance of Article 226
- Wider than Article 32 (covers both fundamental & legal rights).
- Discretionary power (High Court may refuse if alternative remedy exists).
- Territorial jurisdiction (only within the High Court’s state).
Key Legal Principles:
- Doctrine of Laches (delay can bar relief).
- Alternative Remedy Rule (writs not granted if other legal options exist).
3️⃣ 5 Types of Writs Under Article 226
| Writ | Purpose | Example Case |
|---|---|---|
| Habeas Corpus | Release from illegal detention | ADM Jabalpur v. Shivkant Shukla (1976) |
| Mandamus | Compel public duty performance | S.P. Gupta v. Union of India (1981) |
| Certiorari | Quash illegal orders | T.C. Basappa v. T. Nagappa (1954) |
| Prohibition | Prevent lower courts from overstepping | Hari Vishnu v. Ahmad Ishaque (1955) |
| Quo Warranto | Challenge illegal public office holder | University of Mysore v. Govinda Rao (1964) |
( “What is the difference between certiorari and prohibition?” – Certiorari quashes past orders, while prohibition prevents future illegal actions.)
4️⃣ Article 226 vs. Article 32 (Key Differences)
| Aspect | Article 226 | Article 32 |
|---|---|---|
| Court | High Courts | Supreme Court |
| Scope | Fundamental + Other Rights | Only Fundamental Rights |
| Territorial Limit | State-specific | Nationwide |
| Discretionary | Yes | No (Fundamental Right) |
( “article 32 vs 226,” “can high court issue writs like supreme court”)
5️⃣ Article 226 vs. Article 227 (Supervisory Jurisdiction)
- Article 226: Writ jurisdiction (enforcement of rights).
- Article 227: Supervisory control over subordinate courts & tribunals (not for enforcing rights).
Key Difference:
✔ Article 226 = Remedy for rights violation.
✔ Article 227 = Administrative control over courts.
6️⃣ Landmark Judgments on Article 226
- Bandhua Mukti Morcha v. Union of India (1984) – PIL for bonded laborers.
- L. Chandra Kumar v. Union of India (1997) – Judicial review cannot be excluded.
- State of Rajasthan v. Prakash Chand (1998) – High Courts can interfere in tribunal orders.
7️⃣ How to File a Writ Petition Under Article 226? (Step-by-Step)
- Consult a Lawyer – Check if a writ is the best remedy.
- Draft the Petition – Include:
- Facts
- Legal provisions violated
- Prayer for relief
- File in the Correct High Court (Jurisdictional).
- Pay Court Fees (Varies by state).
- Hearing & Order – Court may issue notice/interim relief.
8️⃣ Limitations of Article 226
- Alternative remedy exists? Writ may be dismissed.
- Delay (Laches Doctrine) – Unexplained delay weakens case.
- No writ against private individuals (unless performing public duty).
❓ FAQs on Article 226 (People Also Ask)
Q1. Can Article 226 be used against private companies?
A: Yes, if they perform public functions (e.g., pvt. colleges taking govt. grants).
Q2. What is the time limit to file a writ petition?
A: No strict limit, but delay must be justified (Doctrine of Laches).
Q3. Can a High Court reject a writ petition?
A: Yes, if:
✔ No legal right violated.
✔ Alternative remedy exists.
✔ Petitioner lacks locus standi.