Article 226 of the Constitution of India grants the High Courts of Indian states the power of issuing writs, orders, or directions to any person, authority, or government within their respective jurisdiction for the enforcement of fundamental rights and for any other purpose. It is one of the key provisions that empowers the High Courts to safeguard the fundamental rights of Indian citizens.

Here is the text of 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 exercises 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, prohibition, 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.”

The key features and implications of Article 226 are as follows:

  1. Wide Jurisdiction: Article 226 empowers every High Court in India to exercise jurisdiction throughout the territories under its jurisdiction, granting it a wide reach to issue writs and orders.
  2. Types of Writs: The High Courts can issue several types of writs, including habeas corpus (to release a person unlawfully detained), mandamus (to direct a public authority to perform its duties), prohibition (to prevent an authority from acting beyond its jurisdiction), quo warranto (to inquire into the legality of someone holding a public office), and certiorari (to quash a decision of an inferior court or tribunal).
  3. Enforcement of Fundamental Rights: One of the primary purposes of Article 226 is to protect and enforce the fundamental rights guaranteed under Part III of the Indian Constitution. The High Courts can issue writs for the enforcement of these fundamental rights.
  4. Other Purposes: In addition to enforcing fundamental rights, the High Courts can issue writs for “any other purpose.” This wide language allows the courts to intervene in matters related to administrative, constitutional, or public interest issues.
  5. Exercising Jurisdiction: Article 226 also allows a High Court to exercise its powers over any Government, authority, or person, even if the cause of action arises outside its territorial jurisdiction.

The power of Article 226 is vital for upholding the rule of law and protecting citizens’ rights in India. By empowering the High Courts to issue writs and orders, the Constitution ensures that individuals can seek redressal for violations of their fundamental rights and that public authorities act within the limits of their authority.