सं Samvidhan

The Constitution of India

Article 226

Power of High Courts to issue certain writs

Why this exists

The framers wanted more than one layer of protection for citizens' rights and for general legal accountability of the state. Article 32 gave the Supreme Court writ powers only for fundamental rights, but Article 226 gave High Courts a wider, more accessible remedy — covering fundamental rights and 'any other purpose' — so people wouldn't have to travel to Delhi for every legal wrong. Clause (3) was added later, during the 44th Amendment (1978), after the Emergency era exposed misuse of ex-parte interim orders that could stay government action indefinitely without hearing the other side.

How courts read it

In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the power of judicial review under Articles 226 and 32 is part of the Constitution's 'basic structure' and cannot be taken away even by a constitutional amendment. Courts have also read the 'cause of action' test in clause (2) — as in Kusum Ingots & Alloys v. Union of India (2004) — to determine which High Court has jurisdiction when a central government order affects people across states. Courts treat the 'any other purpose' phrase broadly, extending writ jurisdiction beyond fundamental rights to general illegality or arbitrariness by public authorities.

Common misconceptions
  • Myth: Only the Supreme Court can issue writs like habeas corpus or mandamus.
    Fact: High Courts under Article 226 can issue the same writs, and their power is actually broader since it covers 'any other purpose,' not just fundamental rights.
  • Myth: A High Court can only act if the government office is physically located in its state.
    Fact: Under clause (2), a High Court can act if any part of the cause of action arose within its territory, even if the government or person is based elsewhere.
  • Myth: Once a High Court grants a stay order, it stays in force indefinitely.
    Fact: Under clause (3), if such an order was passed without hearing the other side, it can be challenged, and the court must decide within two weeks or the order automatically lapses.