Article 38 - Substitution of new article for Article 226 - Constitution (42nd Amendment) Act, 1976

Substitution of new article for Article 226 . 38. For Article 226 of the Constitution, the following article shall be substituted , namely: Power of High Courts to issue certain writs. 226. (1) Notwithstanding anything in Article 32 but subject to the provisions of Article 131-A and Article 226-A, 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, ( 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. (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) 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) 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. Shall come into force, w.e.f. 1st day of February, 1977 vide G.S.R. 2(E), dated 3-1-1977.