Nov 23, 2017
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Article 226

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Article 226

Article 226 – Power of High Courts to issue certain writs

(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause ( 1 ), without

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favor such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the aid next day, stand vacated
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme court by clause ( 2 ) of Article 32.

Elaboration

Article 226 and relation with Article 32

1. Article 226 of Constitution of India empowers every High Court to issue the writs.

2. Article 32 is itself a fundamental right. Article 226 is not a fundamental right.

3. The President of India cannot suspend Article 226 during the period of Emergency

4. Article 226 is not a right as that of Article 32. The High Court may issue writs according to its discretionary power.

5. Article 226 enables the High Court to issue orders to writs in the nature of habeas corpus, mandamus, prohibition, certiorari, quowarranto, to protect aggrieved and any other purpose.

Article 32

1. Article 32 empowers the Supreme Court to issue writs.

2. Article 32 is a fundamental right, and it is included in Part –III of the Constitution. Article 32 is a basic feature of the Constitution. Article 226 is a fundamental right.

3. During the period of emergency, the fundamental rights (Excepts the articles 21 and 22) can be suspended. Therefore, Article 32 can also be suspended during emergency Period.

4. The applicant can approach the Supreme Court as a right, being it is fundamental right.

5. Article 32 empowers the Supreme Court to issue the writs only when the Fundamental Rights are violated or threatened.

Article Categories:
Constitutional Law

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