What is writ petition under Article 226?

Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. The High Court may grant a writ for the enforcement of fundamental rights or for any other purpose such as violation of any statutory duties by a statutory authority.

What is Article 226 High Court?

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 do you know about writ jurisdiction of High Court?

Under the 1956 Constitution, the Supreme Court and the High Courts had the power to issue the prerogative writs of mandamus, habeas corpus, certiorari, prohibition and quo warranto; the Supreme Court could issue these writs only to protect a fundamental right, whereas the High Courts could also issue them “for any …

What are writs jurisdiction?

A person whose right is infringed by an arbitrary administrative action may approach the Court for appropriate remedy. The Constitution of India, under Articles 32 and 226 confers writ jurisdiction on Supreme Court and High Courts, respectively for enforcement/protection of fundamental rights of an Individual.

What is the writ jurisdiction of High Courts?

Writ Jurisdiction Of High Courts. The Article 226 empowers High Courts to issue directions, orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.

What are the different types of writs under Article 226?

Types of Writs issued under Article 226 (1) 1 Habeas Corpus ( you may have the body) 2 Mandamus (the order) 3 Prohibition (Stay order) 4 Certiorari (We command) 5 Quo Warranto (What is your authority) More

Can a High Court issue a writ of mandamus?

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. The High Court while exercising its power of judicial review does not act as an appellant body.

When does the court have the power to issue a writ?

The Court will interfere by a writ if the action is mala fide or arbitrary or does not comply with the statutory requirements, or if the action amounts to merely an exercise in futility. The remedy under Article 226 by way of judicial review is purely a discretion.