Legal Question in Constitutional Law in India

Constitution of india, article 226

explain in brief about the

jurisdictional limitations of article

226.


Asked on 7/08/09, 4:37 am

2 Answers from Attorneys

Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Constitution of india, article 226

The Article 226 empowers High Courts to issue directions, orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Such directions, orders or writs may be issued for the enforcement of fundamental rights or for any other purpose. It is well established that the remedy provided for in Article 226 of the Constitution of India is a discretionary remedy and the High Court has always the discretion to refuse to grant such a relief in certain circumstances even though a legal right might have been infringed. Availability of an alternative remedy is one of such considerations which the High Court may take into account to refuse to exercise its jurisdiction, but this principle does not apply to the enforcement of fundamental rights either under Article 32 or under Article 226 of the Constitution

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Answered on 7/08/09, 4:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Constitution of india, article 226

this is an academic question; you may better write your problem.

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Answered on 7/08/09, 6:55 am


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