🔍 Introduction: Why Article 226 Matters?
Article 226 of the Indian Constitution is the “guardian of citizens’ rights” at the state level. Unlike Article 32 (limited to fundamental rights), it allows High Courts to intervene in any illegal or arbitrary action—whether by the government, authorities, or even private bodies.
📜 Constitutional Text of Article 226
“Every High Court shall have power… to issue to any person or authority… directions, orders or writs for the enforcement of fundamental rights and for any other purpose.”
(LSI Keywords: “writ jurisdiction of high courts,” “scope of article 226,” “article 226 vs article 32”)
⚖️ Scope & Power of Article 226
1. Wider Than Article 32
| Feature | Article 226 | Article 32 |
|---|---|---|
| Issued by | High Courts | Supreme Court |
| Rights Covered | Fundamental + Other Rights | Only Fundamental Rights |
| Territoriality | Within High Court’s Jurisdiction | Nationwide |
2. Against Whom Can Writs Be Issued?
✔ Government Bodies (State/Central)
✔ Statutory Authorities (Municipalities, Tribunals)
✔ Private Entities (If performing public duty, e.g., Pvt. Universities)
(Case Law: Zee Telefilms v. Union of India – BCCI held amenable to writ jurisdiction)
⚡ 5 Types of Writs Under Article 226 (With Case Examples)
| Writ | Purpose | Example Case |
|---|---|---|
| Habeas Corpus | Release from illegal detention | ADM Jabalpur v. Shivkant Shukla |
| Mandamus | Compel public duty | S.P. Gupta v. Union of India |
| Certiorari | Quash illegal orders | T.C. Basappa v. T. Nagappa |
| Prohibition | Stop lower court overreach | S. Govind Menon v. UoI |
| Quo Warranto | Challenge illegal appointments | University of Mysore v. Govinda Rao |
📜 Landmark Judgments (2024 Update)
- L. Chandra Kumar v. Union of India (1997) – High Courts can review tribunal decisions.
- Bandhua Mukti Morcha v. Union of India (1984) – PILs allowed under Article 226.
- 2023 SC Ruling – Article 226 applies to private companies performing public functions.
📂 Step-by-Step: How to File a Writ Petition? (Practical Guide for Lawyers)
Step 1: Determine Grounds
- Is there a violation of rights? Is an alternative remedy available?
Step 2: Draft the Petition
✔ Title & Parties (Petitioner vs. Respondent)
✔ Statement of Facts (Chronological events)
✔ Legal Grounds (Cite Article 226 + precedents)
✔ Prayer for Relief (What you want the court to do)
Step 3: File in the Right High Court
- Territorial Jurisdiction (Where the cause of action arose)
Step 4: Pay Court Fees & Submit
- Fees vary by state (e.g., ₹500-₹2000 in most HCs).
Step 5: Hearing & Order
- Court may grant interim relief or issue notice.
❓ FAQs (Schema Optimized for Featured Snippets)
Q1. Can Article 226 be used against private companies?
✅ Yes, if they perform public functions (e.g., pvt. hospitals, colleges).
Q2. What is the time limit to file a writ petition?
✅ No strict limit, but delay can weaken the case (Doctrine of Laches).
Q3. Is a lawyer mandatory for filing under Article 226?
✅ No, but legal drafting increases success chances.
Q4. Can Article 226 override a law passed by Parliament?
✅ No, but it can strike down unconstitutional executive actions.