📜 Article 226 of the Indian Constitution
Title: Power of High Courts to issue certain writs
🔹 Text Summary:
Article 226 gives every High Court the power to issue writs for the enforcement of:
-
Fundamental Rights (like Article 32), and
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Any other legal rights (unlike Article 32, which is limited to FRs only).
🧠 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) |
🏛️ Example:
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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.
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If someone is wrongfully detained, a writ of Habeas Corpus can be filed.
📌 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) |
⚖️ 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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