RAS question
Which Article of the Constitution empowers the High Courts to issue writs?
Correct answer: (D) Article 226.
Article 226 of the Constitution empowers every High Court to issue writs, including for enforcement of Fundamental Rights and for any other purpose.
Explanation
Article 226 is the High Court writ provision in Part VI of the Constitution. The India Code text says every High Court has power, within the territories over which it exercises jurisdiction, to issue directions, orders or writs to any person or authority, and in appropriate cases to any Government. It specifically includes writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. The provision is not limited to Fundamental Rights: it covers enforcement of rights conferred by Part III and also writs "for any other purpose". Article 226 therefore has a wider practical scope than Article 32, which concerns the Supreme Court.
Why the other options are wrong
- (A) Article 136 concerns Special Leave to Appeal by the Supreme Court, so it is not the constitutional source of High Court writ jurisdiction.
- (B) Article 227 deals with the High Court's power of superintendence over subordinate courts, not its power to issue writs.
- (C) Article 32 empowers the Supreme Court to issue writs for Fundamental Rights, while High Court writ jurisdiction arises under Article 226.
Concept
Constitutional remedies require a clear separation between Supreme Court and High Court writ powers. Article 226 recurs in RAS because it is central to administrative law, judicial review and rights enforcement at the state level.
