Is Article 226 a Fundamental Right?

By Mandeep Kumar|Updated : November 2nd, 2022

No, Article 226 is not a fundamental right. It is a constitutional right. Article 226 cannot be suspended, even in an emergency. It authorises a high court to issue writs such as mandamus, habeas corpus, prohibition, certiorari, and quo warranto. It empowers High Courts to enforce citizens' fundamental rights and for other purposes.

Article 226 of the Indian Constitution

It is embodied in Part V of the Constitution of India. The provision mentioned in Article 226 is given below:

  • Each High Court of India has the ability and power to issue writs, orders, and instructions to any authority or individual, including the government.
  • The High Courts can issue instructions, orders, and writs to any individual or government authority outside their own local jurisdiction if the cause of action arises within its territorial jurisdiction.

Aside from that, you should learn about the fundamental rights granted to Indian citizens. Fundamental rights are those that are granted to a person immediately upon birth. According to the Indian constitution, there are six fundamental rights:

(1) Right to Equality

(2) Right to Freedom 

(3) Right against Exploitation 

(4) Right to Freedom of Religion 

(5) Cultural and Educational Rights 

(6) Right to Constitutional Remedies 

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FAQs on Article 226 as a Fundamental Right

  • Article 226 is a constitutional right, and it is not a fundamental right. It cannot be suspended even during an emergency. It empowers the high courts of India to protect the fundamental rights of Indian citizens.

  • As discussed above, Article 226 is a constitutional right. On the other hand, Article 32 is a fundamental right. It can be suspended if the President declares an emergency. Article 32 gives the right to take any matter in court.

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