Constitutional text

(1) Notwithstanding anything in article 32, 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 writs in the nature of habeas corpus, mandamus, prohibitions, 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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

Article 226 is deliberately wider than Article 32: it covers not just Fundamental Rights but any other purpose. The High Courts under British India had similar writ powers derived from the Letters Patent. The Constituent Assembly retained and broadened this jurisdiction. Article 226 is extensively used for service matters, contractual disputes with the state, and local government accountability, in addition to fundamental rights enforcement.

Key Supreme Court cases

Dwarka Nath v. Income Tax Officer (1965)

Confirmed High Courts' writ jurisdiction under Article 226 is wider than that under Article 32; it extends beyond fundamental rights.

L. Chandra Kumar v. Union of India (1997)

Held that the writ jurisdiction of High Courts under Article 226 and the Supreme Court under Article 32 forms part of the basic structure of the Constitution and cannot be ousted by legislation.

Related articles

Last reviewed: 3 July 2026