High courts have power under article 226 of the Indian constitution 1949 that high court may give such instructions to any person or officer within his state territory to enforce any of these rights.
In which order or writs includes habeas corpus, the mandate, prohibition, right of inquiry, and quo warranto. Any of these can be issued.
Here some important point related to article 226 of the Indian constitution of India
Due Process The High Court has the duty to provide protection the rights of its citizens. High court can be declare illlegal who break these right and if seems to highcourt that this is unfair on basis of process establish by law can be declare zero also.
The High Court gives its decision in these cases by specified writ. Court does not give decision on the basis of general direction
Any person should be distressed Who should file a petition challenging the constitutionality of the law adversely affecting their rights
He has to show that enforcing the law has caused him trouble or And there is a danger of immediate arrival and about which a complaint has been made. That is arguable
The power conferred on a High Court by Clause (1) shall not be in derogation of the power conferred on the Supreme Court by clause (2) of Article 32.
Case related to article 226 of the indian constitution
Bandhua mukti morcha vs india union AIR 1984 AC-803
An organization informed the High Court in a letter to the cause of bonded emancipation that Surveyed and found stone mines located in Faridabad district of Haryana
There are a large number of laborers working in inhumane and helpless conditions in such mines and there are many bonded laborers among them.
Petitioner demanded to issue a petition for observance of the provisions of laws so that labor could come out of sorrow pain under the article 226 of the indian constitution
The court accepted that this writ and organize a commission of two advocates. Court said to advocates to go there and enquire and submit the report to the court
lakshmikant pandey vs india union ( article 226 of the indian constitution)
it had a basic letter.It was complained that some social organizations and institutions were involved in the work of adopting Indian bunches to foreigners.
Chief justice shri P.N bhagwati has decided certain criteria to welfare of the children. He ordered to agencies related to govt. for follow fix principle.
Here, some of the instructions given by the Supreme Court due to judicial activism in some years, to control pollution, to stop the growth of protitution, to protect the livelihood of the employees, which is safety in building dams to revive industrial units.
Car to make matches to arrange to keep the children under insaurance, prostitutes away from them to consider the possible dangers, To control the pollution of Taj Mahal, from another to provide insurance facility to the employees.
Some more cases related to article 226 of the indian constitution.
- Subhash vs Bihar state AIR 1991 SC-420
- Vishal vs India union 1990 SC- 318
- Workers of rohtash industries vs Air 1990 SC-491
- Tehri Dam vs utter Pradesh state 1991(1) UJSC-121
- Gaurav Jain vs India union 1990 SC-292
- Mehta vs Tamilnadu state AIR 1991 SC- 417
- MC Mehta vs India union Air 1997 SC-734
It has also been said that political matters which do not fall in the domain of judicial election and decision cannot be brought before the court in the wraps of PIL. This comes in article 226 of Indian constitution.
Maharshi vs. State of Uttar Pradesh 1990 Allahabad 52
The right to file a petition depends on the situation, as a journalist can also file a writ petition. If the case is presented in public interest related cases by masking the public interest, then the friend will have to spend the case of the court.
It Does not allow the use of public interest litigation process to remove personal hatred. it is against the constitutional morality
Some example of these type of case under article 226 of the indian constituion .
Rukmani vs achuythan , AIR 1991 SC-983
Bhola nath vs state of utter pradesh 1991 suply SCC 151
Subhash vs state of bihar AIR 1991 SC 420
Territorial polution vs state of tamilnadu AIr 1991 SC-417
Area commetee vs state of utter pradesh 1991 -1- SCJ 130
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