What is writ petition under Article 226?

What is writ petition 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. It is immaterial if the authority against whom the writ petition is filed is within the territory or not.

What is Article 226 Upsc?

Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.

Is Article 226 Original Jurisdiction?

It has been urged that the power to issue writs under Article 226 is original jurisdiction and not appellate or revisional jurisdiction. That is so. But so is the power of superintendence under Article 227. That also is original and is neither appellate nor revisional.

Can SC issue writ to HC?

In India the power to issue a writ of habeas corpus is vested only in the Supreme Court and the High Court. Habeas corpus is the writ which was visualized as an effective means to provide a quick remedy to a person who has lost his personal liberty without any legal justification.

Can appeal be filed under Article 226?

“2(1) An appeal shall lie from a judgment or order passed by the one Judge of the High Court in exercise of original jurisdiction under Article 226 of the Constitution of India, to a Division bench comprising of two judges of the same High Court.

Can Article 226 be amended?

Article 226 of the Constitution of India reserves original jurisdiction to the High Court to issue writs. The right of judicial review granted under Article 226 of the Constitution of India is a basic feature of the Constitution and cannot be amended by even a constitutional amendment.

What is Article 226 in the Constitution of India 1949?

Article 226 in The Constitution Of India 1949 226. Power of High Courts to issue certain writs

What are the writs mentioned under Article 226?

The writs mentioned under Article 226 are known as prerogative writs since they had their origin from the prerequisite power of the supervisory authority over its inferior courts or officers. Back then, these writs were used by the British judiciary to uphold the rights and liberties of the people.

What is the difference between Article 226 and Article 227?

The first and foremost difference between the two articles is that Proceedings under Article 226 are in exercise of the original jurisdiction of the High Court while proceedings under Article 227 of the Constitution are not original but only supervisory.

What is the reiterating Clause (1) of Article 226?

Reiterating clause (1) of Article 226, which empowers the high court to issue writ orders for the enforcement of constitutional rights guaranteed to the citizens.