Article 226 of Constitution of India

Context

  • Recently the Delhi High Court has dismissed a petition seeking direction to prohibit the eviction of tenants by landlords over non-payment of renttill the COVID-19 crisis is over.
  • The HC said that the waiver of rent cannot be granted by this court while exercising powers under Article 226 of the Constitution of India as waiving of such rent vests first with the landlords.

Article 226, empowers the high courts to issue, to any person or authorityincluding the government, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.

Writs:

Habeas Corpus – A writ requiring a person under arrest of illegal detention to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.

Mandamus – A writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.

Prohibition – Issued to prevent an inferior court or tribunal from exceeding its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.

Quo warranto – Issued to enquire into the legality of the claim of a person or public office. It restrains the person or authority to act in an office which he / she is not entitled to; and thus, stops usurpation of public office by anyone. This writ is applicable to the public offices only and not to private offices.

CertiorariIssued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.