Brief - Article 226 - Indian Constitution

 

Article 226: Power of High Courts to Issue Writs

Article 226 of the Indian Constitution empowers High Courts with the authority to issue writs, orders, or directions to enforce fundamental rights and for any other purpose. This essentially grants High Courts similar powers to the Supreme Court under Article 32, but within their respective jurisdictions.

Here's a breakdown of key points about Article 226:

Who Can Invoke This Right?

• Any person or party whose fundamental right (Articles 12-35) is violated within the jurisdiction of the High Court can invoke this right.
• This right can also be exercised on behalf of someone else whose rights have been infringed.

Power to Issue Writs:

Similar to Article 32, High Courts can issue various writs to ensure justice:

• Habeas Corpus: To challenge illegal detention and secure release.
• Mandamus: To order a public authority or lower court to fulfill a legal duty.
• Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: To quash an order passed by a lower court or tribunal if it's illegal or made without jurisdiction.
• Quo Warranto: To question the legality of a person holding a public office.

Wider Scope:

• Unlike Article 32, which is limited to fundamental rights enforcement, Article 226 empowers High Courts to issue writs for "any other purpose." This allows them to address violations of legal rights beyond fundamental rights, ensuring broader legal oversight.

Significance of Article 226:

• Easier Access to Justice: Individuals can approach their local High Court, making it a more accessible remedy compared to directly approaching the Supreme Court under Article 32.
• Decongestion of Supreme Court: High Courts handling a wider range of cases reduces the burden on the Supreme Court.
• Effective Enforcement: It strengthens the enforcement of fundamental rights and legal rights within each state.

Additional Notes:

• Legal advice is advisable to understand the grounds for invoking Article 226 and the appropriate writ for your situation.
• Similar to Article 32, reasonable restrictions can be imposed on this right in specific situations.

In conclusion, Article 226 empowers High Courts to act as guardians of fundamental rights and legal rights within their jurisdictions, providing a vital mechanism for individuals to seek justice in India.