The powers are available for the enforcement of legal “tights against all persons, public bodies, authorities of Governments within the jurisdiction of the High Courts.
The language of Article 226 shows that the issuing of writs or directions by the High Court is not founded only on its decision that a right of the aggrieved party under Part III of the Constitution (i.e. a fundamental right) has been infringed.
The High Court can also issue writs or give similar directions for any other purpose. The concluding words of Article 226 (1) have to be read in the context of what precedes the same. Therefore, the existence of the right is the foundation of the exercise of jurisdiction of the Court under this Article.
ADVERTISEMENTS:
The writs referred to in Art. 226 are intended to enable the High Court to issue them in grave cases where-
(i) The subordinate tribunals or bodies or officers act wholly without jurisdiction; or
(ii) They act in excess of jurisdiction; or
ADVERTISEMENTS:
(iii) They act in violation of the principles of natural justice; or
(iv) They refuse to exercise a jurisdiction vested in them; or
(v) There is an error apparent on the face of record; and such act, omission, error on excess has resulted in manifest injustice.
Before a petitioner comes to the High Court to ask for the extraordinary jurisdiction of the High Court under Art. 226, he must himself establish that he has a substantial right which has been infringed.