Article 226 and 227 of the Constitution of India: High Court Writ and Supervisory Powers
Articles 226 and 227 define two important constitutional powers of every High Court. Article 226 authorises High Courts to issue directions, orders and constitutional writs for enforcement of fundamental rights and "for any other purpose". Article 227 gives every High Court superintendence over courts and tribunals within its territorial jurisdiction, subject to the constitutional exception for courts or tribunals constituted under laws relating to the Armed Forces.
Reviewed against the official Constitution text available through India Code. Page updated: September 2026.
Article 226: Power of High Courts to issue certain writs
Article 226 is the constitutional source of the High Court's writ jurisdiction. It begins with a non-obstante expression referring to Article 32 and empowers a High Court, throughout the territories in relation to which it exercises jurisdiction, to issue directions, orders or writs to a person or authority and, in appropriate cases, to a Government.
Article 226(1): nature and scope of writ power
Clause (1) expressly refers to writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. These remedies may be used for enforcement of rights conferred by Part III of the Constitution and for other legally recognised purposes.
Article 226(2): territorial jurisdiction and cause of action
Clause (2) permits a High Court to exercise Article 226 power where the cause of action arises wholly or partly within its territorial jurisdiction, even when the seat of the Government or authority, or the residence of the person concerned, is outside those territories.
Article 226(3): application to vacate an ex parte interim order
Clause (3) deals with an interim order made without furnishing the affected party copies of the petition and supporting documents and without giving that party an opportunity of being heard. When the constitutional conditions are satisfied and an application for vacation is made and served, the High Court must dispose of that application within the period prescribed by Article 226(3); otherwise the interim order stands vacated on expiry of that period.
Article 226(4): relationship with Article 32
Clause (4) makes clear that the High Court's Article 226 power does not derogate from the power conferred on the Supreme Court by Article 32(2).
Types of writs under Article 226
Habeas corpus
Habeas corpus is a remedy against unlawful detention. The court examines the legal authority for detention and may order release when continued detention has no lawful basis. Because the remedy protects personal liberty, a petition may in appropriate circumstances be moved by another person on behalf of the detainee.
Mandamus
Mandamus is a command requiring a public authority or other body amenable to writ jurisdiction to perform a public or statutory duty that it is legally bound to perform. It is ordinarily directed to the performance of a duty rather than to compel a particular result where the law leaves genuine discretion to the authority.
Prohibition
Prohibition is preventive. A superior constitutional court may restrain an inferior court or tribunal from continuing proceedings where it acts without or in excess of jurisdiction, or where another recognised ground for judicial intervention exists.
Certiorari
Certiorari is principally corrective. It enables a superior court to examine and, where the governing legal tests are met, quash an order or proceeding of an inferior court, tribunal or authority amenable to such jurisdiction for jurisdictional or other recognised legal error.
Quo warranto
Quo warranto tests the legal authority by which a person occupies a public office. Its focus is the legality of the appointment to a substantive public office created by the Constitution or law, rather than enforcement of a private right.
Article 227: Power of superintendence over all courts by the High Court
Article 227(1) provides that every High Court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
Administrative and supervisory powers under Article 227
Without limiting the general power of superintendence, Article 227(2) authorises the High Court to call for returns from such courts, make and issue general rules and prescribe forms regulating their practice and proceedings, and prescribe forms in which officers of those courts keep books, entries and accounts.
Article 227(3) permits the High Court to settle tables of fees for the specified court officers and legal practitioners. Rules, forms and fee tables under clauses (2) and (3) must not be inconsistent with any law in force and require the previous approval of the Governor.
Armed Forces exception under Article 227(4)
Article 227(4) states that Article 227 does not confer on a High Court powers of superintendence over a court or tribunal constituted by or under a law relating to the Armed Forces.
Difference between Article 226 and Article 227
| Point | Article 226 | Article 227 |
|---|---|---|
| Core power | Issue directions, orders and writs. | Exercise superintendence over courts and tribunals within territorial jurisdiction. |
| Express purpose | Enforcement of Part III rights and "for any other purpose". | Supervisory control contemplated by Article 227. |
| Territorial feature | Article 226(2) expressly recognises jurisdiction where the cause of action arises wholly or partly within the High Court's territory. | Applies to courts and tribunals throughout territories in relation to which the High Court exercises jurisdiction. |
| Express exception | Article 226(4) preserves the Supreme Court's Article 32(2) power. | Article 227(4) excludes courts and tribunals constituted under laws relating to the Armed Forces. |
Official text and further reading
For the authoritative constitutional wording and amendment footnotes, refer to the Constitution of India on India Code and the Legislative Department, Ministry of Law and Justice.