What is Article 226 of the Indian constitution?
Article 226 of the Constitution empowers the Hon’ble High Courts to exercise power through issuance of writs – habeas corpus, mandamus, quo warranto, prohibition and certiorari or any appropriate writ.
Is Article 226 a fundamental right?
Article 226 is not a fundamental right. It is a constitutional right that 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.
What is the difference between art 32 & Art 226 of the Constitution?
Article 32 empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction. Article 226 empowers the High Court to issue a writ in its own local jurisdiction only. Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court.
What is the difference between Article 226 and 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.
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.
Who can file a petition under Article 226?
Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights. It should be noted that the authority against whom the writ petition is filed has to be present within the territory of India, otherwise, the petition has no value.
How do you write a writ petition under Article 226?
PETITION UNDER ARTICLE 226 OF THE INDIAN CONSTITUTION FOR THE ISSUE OF THE WRIT OF QUO WARRANTO. The Hon’ble Chief Justice and his companion Judges of the Hon’ble High Court. The above-named Petitioner begs to submit as under: Facts….THE PETITIONER MOST RESPECTFULLY SHOWETH:
- Facts.
- Question(s) of law.
- Grounds.
Can we directly file a case in High Court?
Yes you can always go to the high court directly but before that you need to reply to the notice issued under sec. 41. However it is always advisable to first approach the district court depending on the existing situation.
When can writ appeal be filed?
(1) Any party aggrieved by any decision or order of the appellate Tribunal may file an appeal to the High Court within a period of sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law arising out of such order.
What is Article 228 A?
228. Transfer of certain cases to High Court If the High Court is satisified that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may.
Who is the founder of PIL?
In India, the PIL is a product of the judicial activism role of the Supreme Court. It was introduced in the early 1980s. Justice V R Krishna Iyer and Justice P N Bhagwati were the pioneers of the concept of PIL.
Can I fight my own case?
Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.
What is difference between writ petition and writ appeal?
The major difference between these two is that under the Writ Act 226 there is a constitutional remedy for all people. It is raised by a legal authority. But a petition is a form of writ raised by the people in the form of a request for a legal authority that seeks to take action regarding a particular cause.
What are 5 types of writs?
The five types of writs are:
- Habeas Corpus.
- Mandamus.
- Prohibition.
- Certiorari.
- Quo-Warranto.
What is Article 226 of the Indian Constitution?
Article 226, empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them. What are these Writs?
What is Article 227 of the Indian Constitution?
Article 227 determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction (except a court formed under a law related to armed forces). Make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts.
What is the role of High Court under Article 226?
While acting under Article 226, the High Court doesn’t sit or act as an appellate authority over the orders/actions of the subordinate authority. This jurisdiction is supervisory in nature. One of the essential reason for this jurisdiction is to keep the government and tribunals within bounds of their respective jurisdiction.
What is Clause 3 of Article 226?
The main object of the insertion of clause (3) to Article 226 of the Constitution provides an opportunity to the respondents and the matter to be brought before the notice of the Hon’ble judge. An application for vacating the ex-parte interim orders are to be filed in the registry as per the Court Norms.