Article 226 - Power of High Courts to issue certain writs - Constitution of India

3 [Article 226. Power of High Courts to issue certain writs.- (1) Notwithstanding anything in article 32 4 [***] 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 5 [ 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. 6 [ (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.] 7 [ (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. ] ******************* NOTES:- 1 . Inserted vide Article 8 of the Constitution (15th Amendment) Act, 1963 dated 05-10-1963 w.e.f. 05-10-1963. 2 . Substituted vide Article 8 of the Constitution (15th Amendment) Act, 1963 dated 05-10-1963 w.e.f. 05-10-1963, before it was read as, clause (1) 3 . Substituted vide Article 38 of the Constitution (42nd Amendment) Act, 1976 dated 18-12-1976 w.e.f. 01-02-1977, before it was read as, 226. Power of High Courts to issue certain writs. Notwithstanding anything in Art. 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. 1 [ (1-A) 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. ] (2) The power conferred on a High Court by clause (1) 2 [ or clause (1-A) ] shall not be in derogation of the power conferred on the Supreme Court by clause (2) of Art. 32. 4 . Omitted vide Article 7 of the Constitution (43rd Amendment) Act, 1977 dated 13-04-1978 w.e.f. 13-04-1978, before it was read as, but subject to the provisions of Article 131-A and Article 226-A 5 . Substituted vide Article 30 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 01-08-1979, before it was read as, writs in the nature of habeas corpus, mandamus , prohibition, quo warranto and certiorari , or any of them, ( a ) for the enforcement of any of the rights conferred by the provisions of Part III; or ( b ) for the redress of any injury of a substantial nature by reason of the contravention of any other provision of this Constitution or any provision of any enactment or Ordinance or any order, rule, regulation, bye-law or other instrument made thereunder; or ( c ) for the redress of any injury by reason of any illegality in any proceedings by or before any authority under any provision referred to in sub-clause ( b ) where such illegality has resulted in substantial failure of justice. 6 . Substituted vide Article 30 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 w.e.f. 01-08-1979, before it was read as, (3) No petition for the redress of any injury referred to in sub-clause ( b ) or sub-clause ( c ) of clause (1) shall be entertained if any other remedy for such redress is provided for by or under any other law for the time being in force. (4) No interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, a petition under clause (1) unless ( a ) copies of such petition and of all documents in support of the plea for such interim, order are furnished to the party against whom such petition is filed or proposed to be filed; and ( b ) opportunity is given to such party to be heard in the matter. (5) The High Court may dispense with the requirements of sub-clauses ( a ) and ( b ) of clause (4) and make an interim order as an exceptional measure if it is satisfied for reasons to be recorded in writing that it is necessary so to do for preventing any loss being caused to the petitioner which cannot be adequately compensated in money but any such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the High Court has continued the operation of the interim order. (6) Notwithstanding anything in clause (4) or clause (5), no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, a petition under clause (1) where such order will have the effect of delaying any inquiry into a matter of public importance or any investigation or inquiry into an offence punishable with imprisonment or any action for the execution of any work or project of public utility, or the acquisition of any property for such execution, by the Government or any corporation owned or controlled by the Government. 7 . Renumbered Clause (7) as Clause (4) vide Article 30 of the Constitution (44th Amendment) Act, 1978 dated 30-04-1979 , w.e.f. 01-08-1979.