(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.
Constitution of India
Section 226
Power of High Courts to issue certain writs
⚡ Quick Answer Reference: Section 226 Constitution
- Provision: Section 226 of Constitution
- Act: Constitution of India
- Classification: Constitutional Law
- Jurisdiction: India
- Summary: This section gives High Courts the power to issue certain writs, such as habeas corpus, mandamus, and certiorari, to enforce rights under Part III of the Constitution and for other purposes. It allows High Courts to issue directions, orders, or writs to any person or authority, including the government, within their territorial jurisdiction.
What does Section 226 of Constitution say?
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What does Section 226 of Constitution mean?
Plain English Explanation
This section gives High Courts the power to issue certain writs, such as habeas corpus, mandamus, and certiorari, to enforce rights under Part III of the Constitution and for other purposes. It allows High Courts to issue directions, orders, or writs to any person or authority, including the government, within their territorial jurisdiction.
Practical Interpretation
In practice, this section enables High Courts to take action against any person or authority, including the government, to enforce fundamental rights and ensure that the government or other authorities act in accordance with the law.
Core Legal Purpose
The core purpose of this section is to empower High Courts to protect the rights of individuals and ensure that the government and other authorities act in a manner that is consistent with the Constitution.
- •The High Court must have jurisdiction over the territories where the cause of action arises.
- •The High Court must have the power to issue directions, orders, or writs to any person or authority, including the government.
- •The High Court must ensure that the person or authority against whom an interim order is made is given a copy of the petition and an opportunity to be heard.
- •The High Court must dispose of the application for vacation of the interim order within a period of two weeks.
Practical Example of Section 226 Constitution
Suppose a person named Rajesh is arrested by the police without a warrant. Rajesh's family files a petition under Section 226 in the High Court, seeking a writ of habeas corpus to release Rajesh. The High Court issues an interim order directing the police to release Rajesh. However, the police do not comply with the order. Rajesh's family files an application to the High Court to vacate the interim order. The High Court must dispose of the application within two weeks and ensure that the police are given a copy of the application and an opportunity to be heard.
Frequently Asked Questions about Section 226 Constitution
Q: What is the punishment or consequence under Section 226 of the Constitution?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, including the government.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 226 Constitution
What is Section 226 of Constitution?
Section 226 of the Constitution of India (Constitution) defines and regulates "Power of High Courts to issue certain writs". In plain terms: This section gives High Courts the power to issue certain writs, such as habeas corpus, mandamus, and certiorari, to enforce rights under Part III of the Constitution and for other purposes. It allows High Courts to issue directions, orders, or writs to any person or authority, including the government, within their territorial jurisdiction.
What are the elements of Section 226 of Constitution?
The essential elements of Section 226 of Constitution are: The High Court must have jurisdiction over the territories where the cause of action arises.; The High Court must have the power to issue directions, orders, or writs to any person or authority, including the government.; The High Court must ensure that the person or authority against whom an interim order is made is given a copy of the petition and an opportunity to be heard..
Landmark Judgments under Section 226 Constitution
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 226
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