Maarg Manthan · Topic 17.11

Power of High Courts to Issue Writs (Article 226)

Indian Polity › Higher Judiciary: Supreme Court and High Courts · Topic 17.11

Article 226 empowers high courts to issue habeas corpus, mandamus, certiorari, prohibition and quo warranto for Fundamental Rights and any other purpose, wider than the Supreme Court’s Article 32 power, and it is part of the basic structure.

5 min read · UPSC Prelims · Polity · Higher Judiciary

At a Glance

What it is The high court’s power to issue writs for Fundamental Rights and other purposes
Article Article 226
Writs Habeas corpus, mandamus, certiorari, prohibition, quo warranto
Status Part of the basic structure (Chandra Kumar, 1997)
Exam link UPSC Prelims, Polity: Higher Judiciary

Where Does It Fit?

This is the eleventh topic of the category on the Higher Judiciary. Article 226 empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of Fundamental Rights and for any other purpose.

Scope of Article 226

The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. A high court can issue writs to any person, authority or government not only within its territorial jurisdiction but also outside, if the cause of action arises within its territorial jurisdiction; this second provision was added by the 15th Amendment Act of 1963. The writ jurisdiction of the high court is not exclusive but concurrent with that of the Supreme Court under Article 32: when Fundamental Rights are violated, the aggrieved party can move either directly.

Article 226 versus Article 32

Point	Article 32 (Supreme Court)	Article 226 (High Court)
Purpose	Only Fundamental Rights	Fundamental Rights and any other purpose
Territory	Entire country	Within its territory, and outside if the cause of action arises within it
Nature	A Fundamental Right itself	A constitutional power, not a Fundamental Right
Scope	Narrower	Wider
Writ ouster	Part of the basic structure	Part of the basic structure

The writ jurisdiction of the high court is wider because the Supreme Court can issue writs only for Fundamental Rights and not where an ordinary legal right is breached, unless Parliament confers more power. In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court is a part of the basic structure of the Constitution, so it cannot be ousted or excluded even by a constitutional amendment.

The Five Writs

Writ	Meaning
Habeas corpus	Produce the person detained before the court; protects personal liberty
Mandamus	Command a public official or authority to perform a public duty
Certiorari	Quash an order of a lower court or tribunal passed without jurisdiction
Prohibition	Prevent a lower court from exceeding its jurisdiction
Quo warranto	Enquire into the legality of a person’s claim to a public office

Practical Meaning for Citizens

For a citizen, Article 226 is often the first and nearest remedy. A person detained without lawful authority can seek habeas corpus; a person who wants a public official to perform a public duty can seek mandamus; a person aggrieved by the order of a lower court or tribunal can seek certiorari; and a person challenging a public office holder’s claim to office can seek quo warranto. Because the high court can also issue writs for any other purpose, the citizen is not limited to Fundamental Rights. The Supreme Court can be approached under Article 32 if a Fundamental Right is violated, but Article 32 is itself a Fundamental Right, while Article 226 is not.

Judicial review by high courts under Articles 13 and 226 is part of this: the constitutional validity of a legislative enactment or an executive order can be challenged on three grounds, namely that it infringes Fundamental Rights, is outside the competence of the authority which framed it, or is repugnant to constitutional provisions.

Tribunals: in 1997 the Supreme Court ruled that decisions of administrative and other tribunals are subject to the writ jurisdiction of the high courts, so an aggrieved person must approach the high court first. The 42nd Amendment of 1976 inserted Article 226A, which debarred high courts from considering the constitutional validity of central laws in Article 226 proceedings; the 43rd Amendment restored the original position by repealing it. A high court may use the power of judicial review under Articles 13 and 226 to challenge a law or order that infringes Fundamental Rights, is outside the competence of its maker or is repugnant to the Constitution.

Why Is This Topic Important?

Frequent Prelims comparison Article 32 versus 226
Chandra Kumar Basic structure link
Five writs Meaning of each

What Came Next?

The next topic covers the collegium system of judicial appointments.

Key People and Terms

Cause of action Facts giving rise to a petition
Concurrent jurisdiction Shared with the Supreme Court
Habeas corpus Produce the body
Mandamus We command
Chandra Kumar 1997 case on tribunals and writs

Exam Corner

Points to Remember

Article 226: Fundamental Rights and other purposes.
Outside territory if cause of action arises inside (15th Amendment).
Wider than Article 32.
Part of the basic structure (1997).

Do Not Confuse With

Article 32 and 226 Right versus power; narrower versus wider
Certiorari and prohibition Quash after versus prevent before
Mandamus and quo warranto Duty versus claim to office

Memory Hook

Five writs, any purpose, near or far if the cause arises here; ousting them breaks the basic structure.

Mains Angle

Questions on this topic usually ask about the wider power of high courts. Use these points to add depth.

Wider than the Supreme Court Other purposes
Basic structure Chandra Kumar
Tribunals Under high court scrutiny
Concurrent remedy Choice of forum

A Question You May Face

An original practice question, not a past paper question.

“Compare the writ jurisdictions of the Supreme Court and the High Courts.”

How to Answer

Introduction Articles 32 and 226.
Differences Purpose and territory.
Basic structure Chandra Kumar.
Conclusion Role of high courts.

GS Relevance

Prelims: Indian Polity, High Courts, writs. GS Paper 2: Judiciary.

Frequently Asked Questions

What is the writ jurisdiction of a high court?

Under Article 226, a high court can issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of Fundamental Rights and for any other purpose, meaning the enforcement of an ordinary legal right.

How is Article 226 wider than Article 32?

The Supreme Court can issue writs under Article 32 only for enforcing Fundamental Rights, while a high court can issue writs for Fundamental Rights and for any other purpose, so the high court’s writ jurisdiction is wider.

Can a high court issue writs outside its territory?

Yes, if the cause of action arises within its territorial jurisdiction. This provision was added by the 15th Constitutional Amendment Act of 1963, and the writs can be issued to any person, authority or government.

What did the Chandra Kumar case decide?

In L. Chandra Kumar v. Union of India (1997), the Supreme Court ruled that the writ jurisdiction of the high courts and the Supreme Court is part of the basic structure, so it cannot be ousted even by a constitutional amendment, and tribunals are subject to it.

Can I approach either court for violation of my Fundamental Rights?

Yes. The writ jurisdiction of the high court is concurrent with that of the Supreme Court, so when a Fundamental Right is violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly.

PYQ Practice — Statement Analysis

1 A high court can issue writs for purposes other than Fundamental Rights.

True

Article 226.

2 The Supreme Court can issue writs for any legal right.

False

Only Fundamental Rights unless Parliament extends.

3 Writ jurisdiction of high courts is part of the basic structure.