Who can file writ under 226?

Writs under Indian Constitution To protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated.

Is Article 226 a legal right?

Article 226 of the Constitution allows the High Court to not only enforce Fundamental Rights but the use of words ‘other purposes’ also allows the High Court to enforce Legal Rights as well.

Which of the amendment redefined the writ jurisdiction of High Court?

It is, therefore, proposed to amend Article 226 so that when any relief is sought against any Government, authority or person for any action taken, the High Court within whose jurisdiction the cause of action arise may also have jurisdiction to issue appropriate directions, orders or writs.

What are the 5 writs?

There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people and to compel the authorities to fulfil the duties which are bound to perform under the law.

What is the Article 226?

Article 226, empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.

What does Article 226 say?

Under Article 226, a High Court is empowered to issue directions, orders or writs, including writs in nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of a Fundamental Right and for any other purpose.

What is the Article 216?

216. Constitution of High Courts Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.

What is Article 136 of the Indian Constitution?

The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

Who can file writ of habeas corpus?

Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

What is the Article 143?

Article 143 of the Indian Constitution confers upon the Supreme Court advisory jurisdiction. The President may seek the opinion of the Supreme Court on any question of law or fact of public importance on which he thinks it expedient to obtain such an opinion. In re New India Motors Ltd.

What is the Article 123?

Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session. The President cannot promulgate an ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action’.

What is the purpose of Article 226 of the Indian Constitution?

Comprehensibly, Article 226 of the Indian constitution is one of the key provisions, which has been enacted with the object to protect the legal rights of a person and award remedies to the aggrieved party. Thus, this Article empowers a person to move an application before the high court for the enforcement of their legal right.

What are the remedies under Art 32 and art 226 of the Indian Constitution?

Indian Constitution provides remedies under Art. 32 and Art.226. In case of infringement of fundamental rights Art.32, it empowers the resident of India to move to the Supreme Court and Art.226 it empowers resident of Indian to move to Hight Court of India.

What is the power of High Court under Article 226?

The power of High Court under Article 226 are discretionary. It will be exercise only in furtherance of interest of justice. The phrase “for any other purpose” under Article 226 which is not given in Article 32 give the power to High Court to take action of any matter even if no Fundamental Right is violated.

Can a writ be issued under Article 226?

Appropriate writs can be issued by the High Court under the said Article even for purposes other than the enforcement of the fundamental rights and in that sense, a party who invokes the special jurisdiction of the High Court under Article 226 is not confined to cases of illegal invasions of his fundamental rights alone.