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Article 226

Introduction : The Significance of Article 226

The Indian Constitution is a living document that reflects the principles of justice, equality, and fairness. One of its most powerful instruments is Article 226, which strengthens the High Courts with extraordinary powers to issue writs. People have the right to approach the judiciary directly if they feel that their rights have been violated. The High Courts have the power to step in, which not only strengthens the ideas of fairness but also makes the courts an important part of how democracy works.

The article is a source of hope for anyone facing unfair treatment from the government, delays in paperwork, or illegal actions by officials. Its role has become more crucial over the years, especially now when we see many problems related to governance and rights violations. In this blog, we will discuss the background, significance, and future of Article 226, looking at its historical path, important cases, and the debates happening today.

History : The Evolution of Article 226

The roots of Article 226 are based on British legal traditions, where royal courts used special writs to manage lower court cases and cases against public officials . When the Constitution was being written, the framers of India wanted to use this concept to create an independent judiciary that could check the power of the executive. They believed that having the authority to issue writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto was necessary for protecting citizen rights.

Article 226 (deals with writs from the Supreme Court) was created to give more power to high courts than Article 32, which is only for fundamental rights violations, Article 226 lets High Courts issue writs for legal rights too, making it a broader and more broader option.

Understanding Article 226: Its Scope and Importance

The scope of Article 226 is very big, covering a range of legal rights. Here are the key elements that define its usage:

1. Wider Jurisdiction than Article 32: Article 32 of the Indian Constitution focuses mainly on protecting fundamental rights, but Article 226 is much wider. It lets people ask for help from the High Courts not just for violations of fundamental rights but also for other legal rights. This makes Article 226 a more flexible and useful legal option.

2. Writ Jurisdiction: The power to issue writs is the most important part of Article 226. High Courts can issue:

Habeas corpus: It means making sure someone who is being held without a reason should be set free.

Example: If a person is detained by the police without proper legal justification or without being produced before a magistrate within 24 hours, their family can file a habeas corpus petition. The court would ask the police to justify the detention. If the court finds that the detention is unlawful, the person must be set free.

Example Case: Sunil Batra v. Delhi Administration (1978) – The Supreme Court intervened to address the conditions of prisoners and ensure their fundamental rights were not violated.

Mandamus: It is a way to make sure a public official does what they are required to do by law (their job).

Example: A citizen applies for a passport, but the public official responsible for issuing it unnecessarily delays the process. The person can file a mandamus petition to force the official to do their job, i.e., to process and issue the passport as per the legal requirements.

Example Case: Rai Shivendra Bahadur vs. The Governing Body of the Nalanda College (1957) – The court issued a writ of mandamus to ensure a public official performed their duty.

Prohibition: This stops lower courts or similar bodies from acting outside their limits.

Example: If a lower court starts hearing a case that is outside its legal jurisdiction (e.g., a civil court handling a matter that only a family court is authorized to hear), an offended party can file a prohibition petition to stop the lower court from proceeding with the case.

Example Case: S. Govinda Menon v. Union of India (1967) – The Supreme Court issued a writ of prohibition to prevent a tribunal from continuing a case outside its jurisdiction.

Certiorari: This is used to cancel the decisions of lower courts that have gone beyond their powers.

Example: If a lower court delivers a judgment on a case that it had no authority to hear (i.e., if the court oversteps its powers or ignores legal procedures), the affected party can file for certiorari. This allows the higher court to quash or deny the lower court’s decision.

Example Case: Surya Dev Rai v. Ram Chander Rai (2003) – The Supreme Court defined the writ of certiorari, saying it can be used to invalidate decisions from lower courts that have crossed their boundaries.

Quo Warranto: To challenge the legal right of a person to be in a public office.

Example: If a person is holding a public office (a government post) without being legally entitled to do so, a concerned party can file a quo warranto petition to challenge the person’s right to hold that position. The court can ask the person to show under what authority they are occupying the office.

Example Case: University of Mysore v. Govinda Rao (1964) – The court issued a writ of quo warranto to question the appointment of an individual to a public office.

3. Territorial Jurisdiction: High Courts have the power to exercise this jurisdiction within their respective states, allowing them to act smoothly in regional matters and work on state-level governance issues.

4. Preventive and Corrective Measures: The High Court's role under Article 226 is both protective and corrective. This means they can step in to stop illegal actions before they happen and also rectify wrongs that have already occurred.

Landmark Case Studies: Defining the Impact of Article 226

Over the decades, various landmark judgments have shaped and refined the scope of Article 226. These case studies highlight its practical application:

Rashid Ahmad vs. Municipal Board, Kairana (1950): This case made Article 226 more powerful by explaining that writs can be used not only to protect fundamental rights but also to protect legal rights. This was an important decision that opened the door for more people to seek justice.
Bandhua Mukti Morcha vs. Union of India (1984): It is a well-known example of public interest litigation. The Supreme Court made it clear that Article 226 can be used by people or groups acting for others, especially those who can't get legal help on their own. This decision highlighted how important the courts are in protecting those in need.
A.K. Gopalan vs. State of Madras (1950): This case is really important for understanding how judicial review has changed under Article 226. The court looked at how fundamental rights connect with due process, which helped expand individual freedom and set guidelines for future court decisions.
L. Chandra Kumar vs. Union of India (1997): The court highlighted that judicial review under Article 226 is an essential part of the Constitution's foundation. It confirmed that High Courts have the authority to check if administrative actions are legal, and it also said that decisions made by tribunals can be reviewed to make sure that justice remains strong and unharmed.

Current Relevance: Article 226 in the Modern Era

India faces some tough challenges in modern governance, and Article 226 is really important for tackling problems like bad administration, corruption, and protecting people's rights.

For instance, in the context of the COVID-19 pandemic, high courts across India implemented Article 226 to ensure governments were held accountable for the management of healthcare facilities, oxygen supplies, and migrant workers rights. These writs (legal orders) helped to control the government’s power and stop it from acting unfairly during the crisis

A Forward-Looking Approach: The Future of Article 226

Looking ahead, the role of Article 226 is likely to expand as citizens become more aware of their legal rights. The rise of technology, information accessibility, and public awareness campaigns has caused more people to use these rules, especially in topics like data protection, privacy, and environmental rights.

With India's growing digital landscape, writ petitions involving digital rights and cybersecurity are expected to increase. The introduction of laws such as the Personal Data Protection Bill will likely lead to legal challenges, making Article 226 an important player in the upcoming legal provisions.

Conclusion: The Ever-Growing Importance of Judicial Review

Article 226 in the Indian Constitution is important because it helps keep democracy safe by ensuring that citizens' rights are not violated by the state. Its broad application and ability to change with the times make it a powerful way to seek justice in our modern society.

In a world where technology, law, and society are constantly changing, Article 226 remains a flexible yet robust mechanism, making sure that the wheels of justice keep turning. It is not only a protector of individual rights but also a reflection of the Indian judiciary’s commitment to protect the principles of democracy, transparency, and fairness.

Frequently Asked Questions (FAQs)

1. What is the significance of Article 226 in the Indian Constitution?

Article 226 allows High Courts to issue writs to protect both fundamental rights and other legal rights. It has a wider reach than Article 32, which means High Courts can step in when there are issues with both types of rights being violated.

2. What types of writs can be issued under Article 226?

The High Courts can issue five types of writs under Article 226:

Habeas Corpus: (Means making sure someone who is being held without a reason should set free)
Mandamus (It is a way to make sure a public official does what they are required to do by law)
Prohibition (This stops lower courts or similar bodies from acting outside their limits)
Certiorari (This is used to cancel the decisions of lower courts that have gone beyond their powers)
Quo Warranto (To challenge the legal right of a person to be in a public office.).

3. How does Article 226 differ from Article 32?

Article 32 allows individuals to approach the Supreme Court for violations of fundamental rights, while Article 226 gives high courts the power to issue writs for violations of both fundamental and legal rights. Additionally, the jurisdiction under Article 226 is broader and can cover other rights, whereas Article 32 is limited to fundamental rights.

4. Can public interest litigation (PIL) be filed under Article 226?

Yes, you can file public interest litigation (PIL) under Article 226. High Courts can take on these cases and get involved when something important for the public is at risk, even if the people who are hurt can't reach the court by themselves.

5. What are the limitations of Article 226?

While Article 226 allows High Courts to do many things, it also has some restrictions. The courts can only operate in certain places, and they can't handle private matters. Additionally, individuals must try other remedies before they can file a writ petition under Article 226

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Written by Rishita Baman

Rishita is a law graduate with a passion for simplifying legal concepts. She writes engaging blogs on the Constitution, IPC, CrPC, CPC, and corporate law, with a focus on making complex topics easy to understand for everyone. Hope you found some valuable legal insights in the blog—thanks for reading.