AI Overview...
Article 226 of the Constitution of India
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Jurisdiction and Power of High Courts
The High Courts have the authority to issue writs, orders, or directions under Article 226 to protect fundamental rights and to ensure the enforcement of legal rights. Their jurisdiction is broad but subject to certain limitations, such as the existence of an alternative remedy or the scope of the issue involved. R. P. N. Tiwari VS State of U. P. - Allahabad -
Maintainability of Writ Petitions
Writ petitions under Article 226 are maintainable in cases involving public character or functions of authorities, such as government bodies or statutory authorities like NDBA. They are also applicable in disputes related to service matters, administrative actions, and regulatory decisions, provided no alternative remedy is available or the case involves exceptional circumstances. SANDEEP SHARMA VS CHAIRMAN - Delhi, Shakuntala Devi and Another VS J & K Bank and Another - Allahabad, MAN MOHAN SHARMA VS U. P. STATE TEXTILE CORPN. LTD. - Allahabad -
Scope and Limitations
The scope of judicial review under Article 226 is limited to ensuring legality and fairness of administrative actions. The courts generally do not interfere in purely contractual or private disputes unless public interest or statutory obligations are involved. Perversity or arbitrariness in administrative decisions can be grounds for interference. Manoj Kumar Singh VS State of Jharkhand - Jharkhand, SHASANKAR KOUSHIK BORUAH VS MANGING DIRECTOR ASSAM ELECTRICITY GRID CORPORATION LIMITED - Gauhati -
Special Cases and Exceptions
In exceptional cases, such as cases involving fundamental rights or where statutory provisions explicitly allow, courts exercise their discretion under Article 226 to grant relief. For instance, cases involving deprivation of rights, illegal termination, or coercive actions are often entertained. SANTOSHSINH NARENDRASINH CHAUHAN VS STATE OF GUJARAT - Gujarat, RAM KUMAR DWIVEDI VS PRADESHIK COOPERATIVE DAIRY FEDERATION LTD. - Allahabad -
Relation to Other Legal Remedies
While Article 226 provides a wide ambit for judicial intervention, it is often considered an alternative remedy, and courts may refuse to entertain petitions if an effective statutory remedy exists unless the case involves a violation of fundamental rights or other exceptional circumstances. RAM KUMAR DWIVEDI VS PRADESHIK COOPERATIVE DAIRY FEDERATION LTD. - Allahabad, MAN MOHAN SHARMA VS U. P. STATE TEXTILE CORPN. LTD. - Allahabad
Analysis and Conclusion
Article 226 of the Indian Constitution empowers High Courts to issue writs for the enforcement of fundamental rights and for the protection of legal rights against public authorities. Its scope is broad, allowing intervention in administrative, service, and regulatory matters, but it is subject to limitations such as the availability of alternative remedies and the nature of the dispute. Courts emphasize legality, fairness, and public interest, exercising caution to prevent unnecessary interference. Overall, Article 226 acts as a vital tool for judicial review to uphold constitutional and legal principles.
References:
- R. P. N. Tiwari VS State of U. P. - Allahabad
- SANDEEP SHARMA VS CHAIRMAN - Delhi
- Ex-Constable/Driver Bijender S. VS UOI - Delhi
- RAM KUMAR DWIVEDI VS PRADESHIK COOPERATIVE DAIRY FEDERATION LTD. - Allahabad
- SANTOSHSINH NARENDRASINH CHAUHAN VS STATE OF GUJARAT - Gujarat
- Manoj Kumar Singh VS State of Jharkhand - Jharkhand
- SHASANKAR KOUSHIK BORUAH VS MANGING DIRECTOR ASSAM ELECTRICITY GRID CORPORATION LIMITED - Gauhati
- Shakuntala Devi and Another VS J & K Bank and Another - Allahabad
- MAN MOHAN SHARMA VS U. P. STATE TEXTILE CORPN. LTD. - Allahabad
Search Results for "Article 226 of the Constitution of India"
2003 0 Supreme(All) 2992 • India - Allahabad
V.N.SINGH, A.K.YOG
Suspension - Jurisdiction of High Court under Article 226 - The court held that the jurisdiction of the High Court under Article ... Ratio Decidendi: The court held that the jurisdiction of the High Court under Article 226, Constitution of India, is subject ... Issues: The issues involved the jurisdiction of the High Court under Article 226, Constitution of India, in ....
2018 0 Supreme(Del) 1698 • India - Delhi
V.KAMESWAR RAO
Maintainability - Writ Petitions - Article 226 of the Constitution of India - P.K. ... Dash (Supra) - NDBA's activities have public character - maintainable under Article 226 of the Constitution of India - Challenge ... to appointment of Returning Officer/Additional Returning Officers - maintainable under Article 226 of the Constitution of India/ ... Consequently the present proceedings ....
2015 0 Supreme(Del) 2703 • India - Delhi
S.RAVINDRA BHAT, DEEPA SHARMA
Finding of the Court: The court analyzed the challenge under Article 226 of the Constitution of India and concluded ... Issues: Challenge to penalty of dismissal from service under Article 226 of the Constitution of India Ratio Decidendi ... : The court considered the grounds for challenging the penalty of dismissal from service and the application of Article 226 of the ... The writ p....
1998 0 Supreme(All) 859 • India - Allahabad
M.C.AGARWAL, D.S.SINHA
The petitioner challenged the termination order under Article 226 of the Constitution of India. ... Co-operative Societies Employees Service Regulations, 1975, and did not warrant interference under Article 226 of the Constitution ... The court found that the impugned order of termination was well within the legal framework and did not warrant interference under Article ... By means of this petition under....
2021 0 Supreme(Guj) 701 • India - Gujarat
VIPUL M.PANCHOLI
Constitution of India,1950 – Article 21,22(5) and 226 - Liquor - Petitioner has been implicated in nine ... exercise powers under Article 226 of Constitution of India in exceptional and rare cases if case of concerned petitioner-detenu ... Finding of the Court: It is also well settled that equitable jurisdiction under Article ... All these petitions are filed under Article 226....
2019 0 Supreme(Jhk) 599 • India - Jharkhand
SUJIT NARAYAN PRASAD
of interference of High Court to issue writ of certiorari sitting under Article 226 of Constitution of India is very limited—Power ... Constitution of India—Article 226—Cancellation of allotment of land by Joint Registrar, Cooperative Societies—Scope ... under Article 226 of Constitution of India in issuing writ of Certiorari is concerned that same can be issued if there is perversity ......
1979 0 Supreme(Guj) 176 • India - Gujarat
N.H.BHATT
Indian Railways Act - Constitution India – Article 226 – Diverting coal – This is a petition by a company ... Manager and Chief Commercial Superintendent Western Railways as four respondents - Petition is Article 226 Constitution India and ... styled as Cement and Chemical Industries against Union of India in Ministry of Railways Join....
2022 0 Supreme(Gau) 1430 • India - Gauhati
DEVASHIS BARUAH
Petitioner approached the Court under Article 226 of the Constitution of India. ... Whether the Court should exercise discretion under Article 226 of the Constitution of India to direct disclosure of the requested ... Court exercised discretion under Article 226 of the Constitution of India to direct respondent authorities to provide the requested ... 226 of the Constit....
2012 0 Supreme(All) 1847 • India - Allahabad
BARIN GHOSH, U.C.DHYANI
Therefore, the writ petition was maintainable under Article 226 of the Constitution of India. ... Respondent Bank argued that it is not amenable to writ jurisdiction under Article 226 of the Constitution of India. ... 12 of the Constitution of India, the writ petition was maintainable under Article 226 of the Constitution of India due to the respondent's ... 226 of the ....
1992 0 Supreme(All) 53 • India - Allahabad
N.L.GANGULY
CONCILIATION ORDER OF 1948 - RULE 2 - ARTICLE 226 OF THE CONSTITUTION OF INDIA - WRIT PETITION - MAINTAINABILITY - ALTERNATIVE REMEDY ... - WORKMEN'S RIGHT TO RAISE INDUSTRIAL DISPUTE - COERCED RESIGNATION - WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA ... He filed a writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus to quash the resi....
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