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Article 226 Of Indian Constitution In English
Article 226 – Power of High Courts to issue certain writs.
(1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise 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, prohibitions, 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 aid 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.
Article 226 In English
226 Article – Power of High Courts to issue certain writs.
(1) Notwithstanding anything contained in article 32, every High Court shall have the power to issue any person or authority in the areas in respect of which it exercises jurisdiction, including in appropriate cases, Including the issuance of directions, orders or writs to any government within those territories. For the enforcement of any right conferred by Part III, including habeas corpus, mandamus, prohibition, such as warrants and certiorari, or writs in the nature of any of them, 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 be exercised by any High Court in respect of the areas within which the cause of action is arising, wholly or in part, 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 areas.
(3) Where any party against whom an interim order, whether by injunction or injunction or in any other manner, is made on a petition under clause (1) or in any proceeding relating thereto, without
(a) to produce to such party copies of such petition and all documents in support of the petition for such interim order; And
(b) giving such party an opportunity of being heard, makes an application to the High Court for leave of such order and produces a copy of such application to the party in whose favor such order is made or to the counsel for such party within a period of two weeks from the date of receipt of the application to the High Court or from the date on which a copy of such application is so presented, whichever is later, or where the High Court is closed Will settle the last day of the period before the expiry of the next day on which the High Court is open; and if the application is not disposed of, the interim order shall, on the expiry of that period, or, as the case may be, on the next day on the expiry of the assistance, become vacated.
(4) The power conferred on the High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 226 Of Indian Constitution?
In Article 226 you see “Power of High Courts to issue certain writs.” that means (1) Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise 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, prohibitions, 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. MORE ABOVE.
Article 226 Debate Summary
Draft Article 202 (Article 226) was debated on 7 June and 7 September 1949. It authorized the High Courts to issue certain writs. A member proposed to amend the draft article so that a High Court could issue any writ which it deems ‘necessary or appropriate’.
He argued that the names of the writ should be omitted from the draft article, as it may prevent the High Court from issuing fresh writs that may be created in future. In response, another member proposed to replace the words ‘or order in the nature of a writ’ with ‘order or writ including writ in nature’. He argued that it was necessary to mention the writ by name so that there is no ambiguity about the powers and procedures of the High Court.
This second amendment received the support of the Chairman of the Drafting Committee, and was adopted by the Assembly. The draft Article 202 was initially adopted on June 7, 1949. Subsequently, a minor amendment to the draft article was adopted on 7 September 1949 without debate.
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