Is Article 226 a fundamental right?
Article 226 is not a fundamental right. It is a constitutional right that empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.
Under which article a person can move to High Court?
Article 226 in The Constitution Of India 1949.
What is the importance of Article 32 and Article 226 of the Indian constitution?
This Article is also known as the Right to Constitutional Remedy. Similarly, the High Courts of India under article 226 of the Indian Constitution[2] are empowered to issue orders and writs to any person or authority and in some cases even the government pertaining to the matters which fall under its jurisdiction.
What is difference between Article 226 and 227 of the Constitution of India?
Jurisdiction under Article 226 is exercised in favour of citizens in vindication of their fundamental or statutory rights. Meanwhile, under Article 227, the High Court is the custodian of justice, and the power is exercised suo moto by the Court.
What is the scope of Article 226?
Enshrined under Part V of the Constitution of India, Article 226 provides the High Courts with the power to issue writs, including writs in the form of habeas corpus, mandamus, prohibition, quo warranto, certiorari, or any of them, to any person or authority, including the government.
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. That is so. But so is the power of superintendence under Article 227. That also is original and is neither appellate nor revisional.
What is the scope of Article 226 of Indian Constitution?
What is writ petition under Article 226?
Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not.
Is Article 226 part of basic structure?
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.
Why Article 226 is not suspended during emergency?
Article 226 is a constitutional right. Article 32 can be suspended if an emergency has been declared by the President. Article 226 cannot be suspended even at the time of emergency. Article 32 has a narrow scope as it is applicable only in case of violation of a fundamental right.
What is the difference between Article 32 and 226 of Indian Constitution?
Article 32 empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction. Article 226 empowers the High Court to issue a writ in its own local jurisdiction only. Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court.
What is the meaning of Article 226?
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 is the meaning of types in Article 226?
What is Article 226 of Indian Constitution?
It was reaffirmed in the case of Bandhua Mukti Morcha v. Union of India that all the high courts could exercise its power granted by Article 226 for not only the enforcement of fundamental rights but all other legal of a citizen as well.
What are the powers of high courts in India?
As per the powers conferred under Article 226 of Indian Constitution, High Courts have the power to issue directions, orders, writs to any person or authority or any governmental authorities (in appropriate cases). Fundamental Rights frame the rampart of The Constitution of India.
What are the writs mentioned under Article 226?
The writs mentioned under Article 226 are known as prerogative writs since they had their origin from the prerequisite power of the supervisory authority over its inferior courts or officers. Back then, these writs were used by the British judiciary to uphold the rights and liberties of the people.
What is the role of High Court under Article 226?
While acting under Article 226, the High Court doesn’t sit or act as an appellate authority over the orders/actions of the subordinate authority. This jurisdiction is supervisory in nature. One of the essential reason for this jurisdiction is to keep the government and tribunals within bounds of their respective jurisdiction.