Article 226

Power of High Courts to Issue Certain Writs

Official heading: “Power of High Courts to issue certain writs.”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 226, printed pages 104–105
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 226 empowers High Courts to issue writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari for the enforcement of Fundamental Rights and for any other purpose.

2. What It Means in Everyday Language

Article 226 is one of the most powerful constitutional instruments in Indian law, establishing the High Court as the primary guardian of constitutional rights and administrative legality.

Writ Powers & Scope: Under Clause (1), every High Court has the power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including any Government, directions, orders, or writs (including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari).

Crucial Nuance — Wider than Article 32: While Article 32 can be invoked ONLY for the enforcement of Part III Fundamental Rights, Article 226 can be invoked for the enforcement of Fundamental Rights AND "for any other purpose" (such as enforcing ordinary statutory rights, challenging ultra vires administrative actions, or quashing arbitrary government orders).

Territorial Jurisdiction & Cause of Action (Clause 2): A High Court can issue writs against an authority situated outside its State boundaries if the cause of action, wholly or in part, arises within its territorial jurisdiction (inserted by the Fifteenth Amendment, 1963).

Landmark Ruling on Basic Structure: In L. Chandra Kumar v. Union of India (1997), a 7-judge Constitution Bench held that the power of judicial review vested in High Courts under Article 226 is an integral and essential part of the unamendable "Basic Structure" of the Constitution, and cannot be excluded or ousted even by constitutional amendments creating specialized tribunals.

3. Practical Illustrative Example

Everyday Scenario:

A citizen's property is unlawfully demolished by municipal authorities without statutory notice, violating statutory procedure and personal liberty.

Core takeaway: Under Article 226, the citizen files a writ petition in the High Court, which issues a writ of mandamus stopping the demolition and ordering compensation "for any other purpose".

Illustrative Notice: Writ relief is discretionary; courts may decline interference if an effective and efficacious alternative statutory remedy exists, except where fundamental rights or natural justice are violated.

4. Important Limits, Qualifications & Exceptions

Article 226 is the primary bulwark of citizen liberty and constitutional judicial review in the States.

Writs: Habeas Corpus (unlawful detention), Mandamus (public duty enforcement), Certiorari (quashing illegal orders), Prohibition (stopping excess jurisdiction), Quo Warranto (challenging illegal public office tenure).
Wider than Article 32: Covers Fundamental Rights and all other legal rights.
Cause of action test: Extends extraterritorially if cause of action arises within the State.
L. Chandra Kumar (1997): Writ jurisdiction under Article 226 forms part of the unamendable Basic Structure.
Interim relief rules under Clause (3) mandate disposal of vacation applications within two weeks.

5. Operative Constitutional Text

(1) Notwithstanding anything in article 32 , every High Court shall have power, 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. (3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without— (a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard, makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated. (4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 226, printed pages 104–105 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource