Part VI: The States
Chapter V - The High Courts in the States
Article 226: Power of High Courts to Issue Certain Writs
Original Article:
(226) Every High Court has the power to issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for enforcing fundamental rights or addressing other purposes.
Explanation:
Article 226 empowers High Courts to issue writs for protecting fundamental rights and addressing grievances related to legal or administrative actions. This article strengthens judicial oversight at the regional level.
Clause Headings:
1. Issuance of Writs
High Courts can issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari for safeguarding fundamental rights and legal justice.
2. Jurisdiction Beyond Territory
High Courts can address grievances beyond their physical jurisdiction if the cause of action arises within their region.
3. Safeguarding Interim Orders
Parties affected by interim orders issued without a hearing can apply for their vacation within a specified timeframe.
4. Complementing Article 32
Article 226 ensures regional access to justice while complementing the Supreme Court’s authority under Article 32.
Real-Life Examples:
High Courts regularly use Article 226 to address unlawful detentions, enforce compliance with public duties, and prevent jurisdictional overreach by lower courts or administrative bodies.
Amendments and Historical Significance:
1. Forty-Second Amendment (1976):
This amendment introduced Article 226A, which curtailed the writ jurisdiction of High Courts in matters involving constitutional amendments. However, this limitation was repealed by the Forty-Third Amendment.
2. Forty-Third Amendment (1977):
Restored the expansive writ jurisdiction of High Courts, emphasizing their role in upholding justice and fundamental rights.
3. Forty-Fourth Amendment (1978):
Clarified the powers of High Courts to issue writs, ensuring they remain a crucial institution for protecting fundamental and legal rights.
Historical Context:
During the Constituent Assembly Debates, the framers envisioned High Courts as essential regional institutions for safeguarding justice. Dr. B. R. Ambedkar emphasized the complementary role of Article 226 with Article 32 to enhance judicial accessibility and efficiency.
Frequently Asked Questions (FAQs):
High Courts can issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari for enforcing rights or addressing legal issues.
Yes, if the cause of action arises within their territorial jurisdiction, High Courts can address such cases.
Article 226 empowers High Courts to safeguard fundamental rights through writs, ensuring access to justice at the regional level.
Debates and Deliberations:
The Constituent Assembly debates on Article 226 highlighted its significance:
- Dr. B. R. Ambedkar emphasized the importance of regional judicial oversight to complement the Supreme Court’s role under Article 32.
- Shri K. T. Shah supported expanding writ jurisdiction to address administrative failures effectively.
- Shri Alladi Krishnaswami Ayyar highlighted the need for High Courts to safeguard legal rights alongside fundamental rights, reinforcing their role as guardians of justice.