Article 226 of Indian Constitution

Article 226 of the Indian Constitution plays a pivotal role in safeguarding the rights of citizens by granting powers to the High Courts to issue writs for the enforcement of fundamental and legal rights. It is one of the most crucial provisions in India’s judicial framework, empowering the High Courts to act as the guardians of individual freedoms, judicial review, and public accountability. 

This article explores the significance, historical background, scope, powers, and challenges of Article 226.

What is Article 226 of Indian Constitution?

Article 226 of the Indian Constitution empowers the High Courts to issue writs, orders, or directions to any person or authority within its jurisdiction for the enforcement of fundamental rights or any other legal rights. It is one of the core elements of judicial review and checks the actions of both the state and its authorities. 

The provision provides a legal remedy for citizens to ensure that public authorities do not act beyond their powers or infringe upon their rights. By granting this power, the Constitution ensures that the judiciary remains an active participant in safeguarding the rights of individuals against unlawful actions by the state.

The Scope and Powers of Article 226

Article 226 is one of the most powerful provisions in the Constitution because it gives High Courts wide jurisdiction to issue writs. The provision not only empowers the courts to safeguard fundamental rights but also extends to the enforcement of legal rights, thus providing a broader scope for justice.

Extending Beyond Fundamental Rights

While Article 32 of the Constitution gives the Supreme Court the exclusive power to protect fundamental rights, Article 226 extends this power to High Courts. However, Article 226 does not restrict itself to just fundamental rights; it allows High Courts to intervene in cases involving violations of other legal rights. This makes Article 226 more expansive than Article 32, which only deals with fundamental rights violations.

In cases where legal rights are violated—whether in the form of statutory rights, contractual rights, or other public law rights—Article 226 provides citizens with an avenue for redress.

Territorial Jurisdiction of High Courts

The High Courts can issue writs within their territorial jurisdiction. However, one of the most significant aspects of Article 226 is that it allows High Courts to issue writs to authorities beyond their geographical limits, provided the cause of action arises within their territorial jurisdiction.

For example, if an individual’s rights are violated in one state, the High Court in another state may issue a writ if the violation occurred partially within its jurisdiction. This ensures that citizens have access to justice, regardless of their physical location.

Powers of the High Courts

Article 226 grants the High Courts the power to issue various types of writs, including:

1. Habeas Corpus: The writ of habeas corpus, meaning “you shall have the body,” is issued to secure the release of a person who is wrongfully detained. This writ ensures that no one is deprived of personal liberty unlawfully.
2. Mandamus: The writ of mandamus, which translates to “we command,” is issued to a public authority to perform its legal duties. It can compel authorities to carry out their statutory or constitutional obligations.
3. Certiorari: Certiorari is issued to quash the decision or order passed by an inferior court, tribunal, or authority that has acted beyond its jurisdiction or in violation of the principles of natural justice.
4. Prohibition: The writ of prohibition is issued to prevent a lower court or tribunal from exceeding its jurisdiction or acting in an unjust manner.
5. Quo Warranto: Quo warranto means “by what authority.” This writ is used to question the legality of a person holding a public office without the proper legal authority.

These writs allow the High Courts to ensure that public authorities do not act in excess of their jurisdiction or violate citizens’ rights.

Judicial Review Under Article 226

Article 226 plays an essential role in the system of judicial review in India. Judicial review is the process through which the judiciary examines the constitutionality of legislative and executive actions. Under Article 226, High Courts have the power to review administrative decisions and actions taken by government authorities.

This allows the judiciary to ensure that the state and its functionaries act within the scope of the law. The High Courts do not act as courts of appeal in matters of fact, but they focus on legal issues such as jurisdiction, procedural fairness, and the violation of rights. High Courts have the power to review the legality of administrative decisions, executive actions, and statutes to ensure that they conform to the Constitution and do not infringe upon the rights of individuals.

Landmark Judgements Related to Article 226

Over the years, several important cases have defined the scope and interpretation of Article 226. Some of the key cases are:

1. Bandhua Mukti Morcha vs. Union of India (1984): This case clarified that Article 226 is broader than Article 32, as it allows High Courts to issue writs not only for the enforcement of fundamental rights but also for the protection of legal rights granted by statutes.
2. Veerappa Pillai vs. Raman and Raman Limited (1952): The Supreme Court observed that High Courts could issue writs under Article 226 when a subordinate body or authority acts beyond its jurisdiction, violates natural justice, or refuses to exercise its jurisdiction.
3. Common Cause vs. Union of India (2018): In this landmark case, the Supreme Court held that High Courts can issue writs under Article 226 for the enforcement of public responsibilities by public authorities.
4. Chandigarh Administration vs. Manpreet Singh (1991): This case highlighted that High Courts act in a supervisory capacity and not as an appellate forum under Article 226. It affirmed that High Courts do not re-assess facts but review whether the actions of authorities conform to legal standards.

Public Interest Litigation (PIL) and Article 226

Public Interest Litigation (PIL) has become an essential feature of the Indian legal landscape, and Article 226 plays a significant role in this domain. PIL allows citizens or groups of people to approach the courts on matters of public interest, such as environmental issues, human rights violations, or government accountability.

The advent of PIL has expanded the scope of judicial activism in India, enabling the courts to address issues that directly affect the public but may not involve individual rights. PILs have been instrumental in addressing systemic issues such as pollution, corruption, and discrimination. High Courts, through PILs, have been able to push for social reforms and hold public authorities accountable.

Conclusion

Article 226 of the Indian Constitution is a cornerstone of India’s legal system, empowering High Courts to issue writs that protect individual rights and ensure that public authorities act within the limits of their jurisdiction. By extending the writ jurisdiction beyond fundamental rights, Article 226 plays a crucial role in enforcing not just constitutional rights but also legal rights granted by statutes.