[226. Power of High Courts to issue certain writs.—
(1)
Notwithstanding anything in article 32 3***, 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
4
[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,
______________________________________________
1. Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 37
(w.e.f. 1-2-1977) and subsequently ins. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 29 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 38 for art. 226
(w.e.f. 1-2-1977).
3. The words, figures and letters "but subject to the provisions of article 131A and article
226A" omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 7
(w.e.f. 13-4-1978).
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 30, for the portion
beginning with "writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, or any of them" and ending with "such illegality has resulted
in substantial failure of justice." (w.e.f. 1-8-1979).
105 THE CONSTITUTION OF INDIA
(Part VI.—The States)
notwithstanding that the seat of such Government or authority or the residence
of such person is not within those territories.
1
[
(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.]
2
[
(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.]
3
[226A. Constitutional validity of Central laws not to be considered in
proceedings under article 226.].—Omitted by the Constitution (Forty-third
Amendment) Act, 1977, s. 8 (w.e.f. 13-4-1978).
