What are the powers of the High Court under Article 226?
Asked by: Dr. Erin Denesik | Last update: June 22, 2026Score: 4.8/5 (3 votes)
Under Article 226 of the Indian Constitution, High Courts possess vast extraordinary jurisdiction. They are empowered to issue directives, orders, and the five major writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) to any person or authority (including the government).
What are the powers of High Courts under Art 226?
Article 226 empowers the High Court to pass appropriate directions, orders or writs, including writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
What are the powers of Article 226?
ARTICLE 226
Power of High Courts to issue any person or authority, including in appropriate case any Government, directions, orders or writs, for the enforcement of any of the rights conferred by Part III and for “any other purpose.”
In what way does the power of the High Court under article 226 of the Constitution differ from that of the Supreme Court under article 32 of the Constitution?
Article 32 is a direct and guaranteed remedy for violation of fundamental rights and operates at the national level through the Supreme Court. Article 226, meanwhile, operates at the regional level through the High Courts and provides a broader platform for justice by covering both constitutional and legal violations.
What are the powers of a High Court?
Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept.
Writ Jurisdiction of High Courts: Article 226
Does High Court have power to do complete justice?
Article 142 is a unique provision. It grants the Supreme Court the power to pass any order necessary to secure complete justice.
What are the three main functions of the High Court?
The functions of the High Court are to:
- interpret and apply the law of Australia.
- decide cases of special federal significance including challenges to the constitutional validity of laws.
- hear appeals, by special leave, from federal, state and territory courts.
What is the writ jurisdiction of the High courts 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.
What powers does the Supreme Court have according to the constitution?
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.
Can fir be quashed under article 226?
Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly ...
What does Article 226 cover?
The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location ...
What is the difference between Article 226 and Article 227?
The difference between Articles 226 and 227 of the Constitution was well brought out in Umaji Keshao Meshram v. Smt. Radhikabai. Proceedings under Article 226 are in exercise of the original jurisdiction of the High Court, while the proceedings under Article 227 are not original but only supervisory.
What is Section 226 of the CRPC?
Description. When the Accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.
What is the difference between Art 32 & Art 226?
Article 32 is a direct and obligatory recourse to the Supreme Court for the enforcement of fundamental rights, but Article 226 provides a broader recourse in that it equips a person with the redress of his grievances at the hands of the High Courts for the enforcement of fundamental as well as other legal rights.
What are the powers of the High Court under Article 227?
Under Article 227 of the Constitution, the High Court does not issue a writ of certiorari. Article 227 of the Constitution vests the High Courts with a power of superintendence which is to be very sparingly exercised to keep tribunals and courts within the bounds of their authority.
Can the Court grant relief beyond prayer?
The Court may grant a relief that has not been specifically prayed for, but only if such relief flows naturally from the facts already placed on record. The Court cannot construct an entirely new case for the petitioner or travel beyond the factual matrix pleaded merely because it possesses wide constitutional powers.
Who can overrule the Supreme Court in the USA?
Reversals of court decisions by amendment refer to the constitutional process through which Congress can propose amendments to the U.S. Constitution in order to overturn Supreme Court rulings.
What does "oye oye oye" mean in court?
"Oyez, oyez, oyez" (pronounced oh-yay) is a traditional court call meaning "Hear ye!" or "Listen!" Derived from Anglo-Norman French and used three times, it serves as a formal command to command silence and attention at the opening of a court session, particularly in the Supreme Court of the United States.
Can a Supreme Court judge overrule the president?
Courts may strike down executive orders not only on the grounds that the president lacked authority to issue them but also in cases where the order is found to be unconstitutional in substance.
Can habeas corpus be denied?
Yes, habeas corpus petitions can be, and often are, denied. While a fundamental constitutional right to challenge unlawful detention, the writ is not automatically granted; it is subject to strict procedural rules, exhausting lower court remedies, and high hurdles for proving constitutional violations, particularly under federal law.
What is the difference between Article 226 and Section 482 of the CrPC?
Section 482 of the CrPC confers inherent power upon the High Court, whereas Article 226 of the Constitution outlines the High Court's authority to issue writs. Both provisions are geared towards ensuring justice for individuals and facilitating the enforcement of their own orders.
How is a writ served?
The writ is served by the U.S. Marshal or other person, presumably a law enforcement officer, specially appointed by the court pursuant to Federal Rule of Civil Procedure 4.1(a).
What are the powers and functions of a High Court?
The judges of high courts have the supreme power to issue writs in case of enforcement of fundamental rights. The high court judges have the right to power original jurisdiction on cases that deal with divorce, will, admiralty, or contemporary of court. Election petitions also can be heard by the high court judges.
What type of cases are heard in the High Court?
The most common types of case we handle include: disputes relating to business, property or land. disputes over trusts. competition claims under either European or UK competition law.
Can the Supreme Court refuse to hear a case?
Yes, the U.S. Supreme Court can and regularly does refuse to hear the vast majority of cases appealed to it. Through a process called denying certiorari, the Court rejects thousands of cases annually, selecting only about 100–150 of the 7,000+ cases requested.