Article 226 Of The Constitution Of India

Definition of Article 226 – Constitution of India

Article 226 grants power to the High Courts to issue writs for the enforcement of Fundamental Rights as also any other legal rights of citizens.

Definition (Legal Language):

Article 226 of the Indian Constitution grants the power to the High Courts to make orders, directions, or writs, such as writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to any authority or person, including the government, to enforce rights—both legal and Fundamental—within their territorial jurisdiction.

In Simple Words:

Article 226 permits you to go to a High Court if:

Your Basic Rights (such as right to life, equality, freedom, etc.) are breached.

Your legal rights (such as pension, government job privileges, property rights, etc.) are withheld.

It is an effective weapon to appeal to the High Court even when your Basic Rights are not at stake, which makes it more extensive than Article 32 (which only applies to Basic Rights and is heard by the Supreme Court).

Article 226 of the Indian Constitution – High Courts' Power to Issue Writs

Article 226 Text (Simplified)

Article 226 empowers High Courts to issue writs for:

• Enforcement of Fundamental Rights, and
• Any other legal rights (not limited to Fundamental Rights) 

Thus, it is a wide constitutional remedy.

What It Means in Simple Words

Under Article 226, in case your Fundamental or legal rights are infringed, you may go directly to the High Court for:

• Stopping illegal government or authority actions
• Challenging arbitrary orders
• Vindication of your liberty, property, or right

Writs Issuable by High Courts

1. Habeas Corpus – Set a person free from illegal detention

2. Mandamus – Order a public authority to do its duty

3. Certiorari – Quash illegal orders issued by lower courts or authorities

4. Prohibition – Prevent lower courts to overstep their authority

5. Quo Warranto – Challenge one's unlawful occupation of a public office

Feature	Description
Filed In	High Court
Who Can File	Any person whose rights are violated
Scope	Wider than Article 32 – covers legal rights too
Discretionary Power	High Court may refuse petition (e.g., if alternate remedy exists)
Jurisdiction	High Court must have territorial jurisdiction over the case

Example Use Case

Assume that a state government arbitrarily cancels your scholarship without a hearing:

You may approach the High Court by filing a Writ Petition under Article 226 to question that action on the ground of being against legal and fundamental rights (e.g., Right to Equality – Article 14).

SAMPLE DRAFT – WRIT PETITION UNDER ARTICLE 226 (High Court)

IN THE HIGH COURT OF [State Name]

AT [City]

WRIT PETITION (CIVIL) NO. _____ OF 20__

IN THE MATTER OF:

[Your Full Name],  

S/o or D/o [Father's/Mother's Name],  

Resident of [Full Address]  …Petitioner

   

VERSUS

1. [Name of Respondent No. 1]  

   [Designation & Address]

2. [Name of Respondent No. 2]  

   [Designation & Address] …Respondents 

                                                  

TO  

THE HON’BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES  

OF THE HON’BLE HIGH COURT OF [STATE NAME]  

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. **That this writ petition is filed under Article 226 of the Constitution of India** for issuance of an appropriate writ, order or direction in the nature of [Writ Type – e.g., Mandamus / Habeas Corpus / Certiorari / Quo Warranto / Prohibition] against the Respondents for [mention relief sought].

2. **Facts of the case**:  

   (i) Briefly state the facts leading to the filing of this petition.  

   (ii) Mention how your fundamental or legal right is being violated.  

   (iii) Provide evidence/references to documents if any.

3. **Grounds**:  

   (i) That the action of the Respondents is arbitrary, illegal and violative of Articles [mention relevant rights – e.g., Article 14, 21].  

   (ii) That there is no other equally efficacious remedy available.  

   (iii) [Other constitutional/statutory violations, if applicable]

4. **Reliefs Sought**:  

   The Petitioner respectfully prays that this Hon’ble Court may be pleased to:  

   a. Issue a writ in the nature of [appropriate writ] directing the Respondents to [specific action].  

   b. Pass such other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

5. **Interim Relief** (if any):  

   That pending final disposal of the writ petition, the Hon’ble Court may kindly grant an interim relief by [mention urgent need].

6. **Jurisdiction and Limitation**:  

   That the cause of action arose within the territorial jurisdiction of this Hon’ble Court, and this petition is within the period of limitation.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

Place: _______  

Date: _______  

[Signature of Petitioner]  

[Name, Phone Number, and Address]  

[Advocate, if any]

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