What is Article 226 of the Indian Constitution?

What is Article 226 of the Indian Constitution?

Article 226 of the Constitution empowers the Hon’ble High Courts to exercise power through issuance of writs – habeas corpus, mandamus, quo warranto, prohibition and certiorari or any appropriate writ.

What are rights under Article 226?

Enshrined under Part V of the Constitution of India, Article 226 confers power to the High Courts to issue orders, directions, and writs in the nature of Habeas corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

Is Article 226 original jurisdiction?

It has been urged that the power to issue writs under Article 226 is original jurisdiction and not appellate or revisional jurisdiction. Though the Power of superintendence is original it is not of the same kind as is possessed by the ordinary civil Courts of original jurisdiction.

Who can file a writ petition under Article 226?

Who can file a writ petition? A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.

What is the difference between art 32 and 226?

Article 32 is a fundamental right which empowers the Supreme court to issue direction, order, and writs. Article 226 is the constitutional right which empowers High court to issue a direction, order, and writs for enforcement of fundamental rights and other legal rights.

When can a remedy be refused Article 226?

It is well established that the remedy provided for in Article 226 of the Constitution is a discretionary remedy and the High Court has always the discretion to refuse to grant such a relief in certain circumstances even/though a legal right might have been infringed.

Can the relief available under Article 226 be barred by statute?

Article 226 of the Constitution of India reserves original jurisdiction to the High Court to issue writs. When by any constitutional amendment, remedy of writ before a High Court cannot be barred, same cannot be done by any Parliamentary legislation or by State enactment.

In which case it was decided that the power of High Court under Article 226 and 227 are the basic structure of the Constitution?

Chandra Kumar v Union of India, the Supreme Court not only struck down the constitutional amendment depriving the high court of its jurisdiction under Article 226 and 227 (from decisions of an administrative tribunal), but declared Section 28 of the Administrative Tribunal Act, 1985 providing for “exclusion of …

What are the remedies available against administrative authorities under Article 32 and 226 of the Constitution of India?

There are five types of Writs- Habeas Corpus, Certorari, Prohibition Mandamus and Quo Warranto Article 32 and 226 of the constitution of India has designed for the enforcement of fundamental rights and for a judicial review of administrative actions, in the form of writs.

What is PIL BYJU’s?

Public Interest Litigation (PIL) implies litigation for the protection of public interests. This is an important concept in law and polity and is often seen in the news. Hence, it acquires importance for the IAS exam.

What was Article 226 of Constitution of India?

Article 226 in The Constitution Of India 1949 226. Power of High Courts to issue certain writs

What’s the difference between Article 32 and Article 226?

Article 32 gives power to Supreme Court whereas Article 226 gives power to the High court Article 32 is invoked for the enforcement of fundamental Rights whereas Article 226 is invoked for enforcement of fundamental right as well as other legal rights too.

Can a writ be issued under Article 226?

Appropriate writs can be issued by the High Court under the said Article even for purposes other than the enforcement of the fundamental rights and in that sense, a party who invokes the special jurisdiction of the High Court under Article 226 is not confined to cases of illegal invasions of his fundamental rights alone.

Can a court enforce Article 226 of the Constitution?

The High Court normally doesn’t entertain petition under Article 226 of the Constitution to enforce a civil liability arising out of a breach of contract or tort to pay an amount of money due to the claimant and leaves it to the aggrieved party to agitate the question in a civil suit filed for that purpose.