04/02/2026
Scope of the Writ Issuing Powers of High Court U/Art. 226
The writ issuing powers conferred on the High Court under Art. 226 can be exercised to enforce not only for a Fundamental Right but a non-fundamental right also. In this sense, the writ jurisdiction conferred on the High Courts U/Art. 226 is wider than that conferred on the Supreme Court U/Art. 32. This is so because Supreme Court can act U/Art. 32 only when there is violation of a Fundamental Right whereas a High Court can act when a Fundamental Right or any other legal right is violated.
The following are the general principles relating to Art. 226-
1. Art. 226, empowers the High Court to issue the writs, direction or order in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and certiorari-
(a) For the enforcement of any of the right conferred by Part III, and
(b) For any other purpose.
Under the First Part, writ may be issued U/Art. 226 only after a decision hat the aggrieved party has a fundamental right and that it has been infringed. Similarly, under the Second Part writ may be issued only after a finding that he aggrieved party has a legal right which entitles him to any of the aforesaid writs and that such right has been infringed.
2. Where there has been an infringement of fundamental right, an application U/Art. 226 should not be thrown out simply on the ground that The proper writ, has not been provided for. The petitioner is, in such cases, entitled to a suitable order for the protection of his fundamental rights. It has Deen held in Yasis Vs. Town Area Committee, 1952 S.C. R. 572, that where he petitioner has asked for relief in a very wide form, the Court would issue The order in the proper form. A High Court is as much bound as the Supreme Court to enforce the fundamental rights guaranteed by the Constitution.
3. Art. 226, confers on all the High Courts very wide powers in the matter of issuing writs which they never possessed before. There are only two Mimitations placed upon the exercise of these powers by a High Court-
(a) That the power is to be exercised, "throughout the territories in relation to which it exercises jurisdiction."
(b) That the persons or authority with respect to whom the High Court is empowered to issue the writs "must be within those territories" and this implies, that they must be amenable to the jurisdiction of the Court either by residence or location within those territories.
4. But though the powers of the High Courts U/Art. 226, are discretionary and no limits can be placed upon that direction yet it must be exercised along with recognised lines and not arbitrarily. Thus, in the exercise of this discretionary jurisdiction, the High Court should not act as Court of Appeal or Revision to correct mere errors of law or of fact.
Both the Arts. 32 and 226 of the Constitution provide for the control over administrative acts by either of the following means-
(i) By issuing direction to the administrative bodies;
(ii) By issuing orders; and
(iii) By issuing writs including the writs in the nature of Habeas corpus, Mandamus, Certiorari, Prohibition and Quo-warranto or any of them.
In this way, the power of the Supreme Court and respective High Courts are quite sufficient to check the administrative authorities from assuming despotic or arbitrary powers.
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