What is Article 226 of Indian constitution

 

What is Article 226 of Indian constitution

Article 226 of the Indian Constitution

Title: Power of High Courts to issue certain writs

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🔹 Text Summary:

Article 226 gives every High Court the power to issue writs for the enforcement of:

• Fundamental Rights (like Article 32), and

• Any other legal rights (unlike Article 32, which is limited to FRs only).

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🧠 Key Takeaways:

🔑 Feature	✅ Details
Who has the power?	All High Courts in India
Against whom?	Government, public authorities, and in some cases private individuals
Writs that can be issued	Same 5 types as Article 32:
→ Habeas Corpus
→ Mandamus
→ Certiorari
→ Prohibition
→ Quo Warranto
Purpose	To enforce Fundamental Rights and also legal/statutory rights
Wider than Article 32?	✅ Yes – Article 226 includes legal rights, not just FRs
Territorial Jurisdiction	High Court can issue writs within its own territorial jurisdiction
Who can approach?	Any aggrieved person (not limited to the petitioner themselves)

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🏛️ Example:

• If a state government authority denies pension to a retired employee unlawfully, the person can approach the High Court under Article 226 to enforce this legal right.

• If someone is wrongfully detained, a writ of Habeas Corpus can be filed.

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📌 Difference: Article 32 vs Article 226

Feature	Article 32 (SC)	Article 226 (HC)
Who can issue writs	Supreme Court only	All High Courts
Covers which rights?	Only Fundamental Rights	FR + Legal/Statutory Rights
Wider scope?	❌ No	✅ Yes
Optional or Mandatory?	Itself a Fundamental Right	Discretionary (not a Fundamental Right)

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⚖️ Related Articles:

Article	Subject
32	Remedies for enforcement of Fundamental Rights (Supreme Court)
226	Writ jurisdiction of High Courts
227	Supervision of subordinate courts by HCs

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