Article 226 Constitutional High Court Writs & Quashing Remedies
Authoritative Legal Commentary on Mandamus, Certiorari, Habeas Corpus & Supreme Court Case Law Dossier
1. Extraordinary Constitutional Jurisdiction under Article 226
Article 226 of the Constitution of India empowers the High Court of Punjab & Haryana at Chandigarh to issue writs, directions, or orders to any government authority, tribunal, or executive body for the enforcement of fundamental rights (Part III) and for any other legal injury.
2. Types of High Court Writs & Remedies
- Writ of Mandamus: Issued to compel an administrative authority or statutory body (such as Chandigarh Administration, Municipal Corporation, or Estate Officer) to perform a mandatory statutory duty.
- Writ of Certiorari: Issued to quash arbitrary, unreasoned, or jurisdictionally defective orders passed by administrative officers or lower tribunals.
- Writ of Habeas Corpus: Issued for the immediate production of a person subjected to illegal detention or unauthorized police restraint.
- Writ of Prohibition: Issued to restrain a tribunal or officer from exceeding statutory jurisdiction.
3. Verified Landmark Judgments of Supreme Court & High Courts
Whirlpool Corporation v. Registrar of Trade Marks, (1998) 8 SCC 1
Ratio Decidendi: The Supreme Court held that the existence of an alternative statutory remedy is NOT an absolute bar to maintaining a Writ Petition under Article 226. A High Court writ lies in 3 exceptional circumstances: (1) Enforcement of Fundamental Rights, (2) Violation of Principles of Natural Justice, or (3) Orders passed wholly without jurisdiction.
Jaswant Singh Khalra Case — Paramjit Kaur v. State of Punjab, (2000) 1 SCC 285 & (2011) 6 SCC 766
Ratio Decidendi: In Habeas Corpus and Article 226/32 proceedings concerning human rights activist Jaswant Singh Khalra, the Supreme Court ordered an independent CBI investigation and upheld convictions, reiterating that state agencies cannot override constitutional fundamental rights under Article 21.
Godrej Sara Lee Ltd. v. ETO, (2023) AIR SC 781
Ratio Decidendi: The Supreme Court reiterated that where an administrative order lacks legal reasoning or breaches statutory rules, the High Court must exercise its writ jurisdiction under Article 226 without forcing litigants into long appellate loops.
4. Frequently Asked Questions (FAQs)
Q1: Can I file a High Court Writ against Estate Office resumption or demolition orders?
Yes. Under Article 226, a Civil Writ Petition (CWP) lies before the Hon'ble Punjab & Haryana High Court to quash resumption or demolition notices passed without hearing, in breach of natural justice, or in violation of the 05.03.2025 Chandigarh Administration Circular.
Q2: What is the procedure for Quashing FIR under Section 482 / Article 226?
If an FIR is false, malicious, or settled out of court between parties, a petition under Section 482 CrPC / Section 528 BNSS or Article 226 lies before the High Court for quashing the criminal proceedings.
