(1) Notwithstanding anything in article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

 

(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

 

(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without —

 

(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and

 

(b) giving such party an opportunity of being heard,

 

makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.

 

(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.

Debate Summary

Article 202, Draft Constitution, 1948

(1) Notwithstanding anything contained in article 25 of this Constitution, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue directions or orders in the nature of the writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part III of this Constitution and for any other purpose.

(2) The power conferred on a High Court by clause (1) of this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 25 of this Constitution.

 

Draft Article 202 (Article 226) was debated on 7th June and 7th September 1949. It authorized the High Courts to issue certain writs.

 

One member proposed to amend the Draft Article, so that a High Court could issue any writs that it considered ‘necessary or appropriate’. He argued that the names of the writs should be omitted from the Draft Article, since this could restrict the High Court from issuing new writs that may be created in the future. In response, another member proposed to substitute the words ‘'or orders in the nature of the writs’ with 'orders or writs including writs in the nature'. He argued that it was necessary to mention the writs by the name so that there was no ambiguity about the powers and procedures of the High Court. This second amendment received the support of the Chairman of the Drafting Committee, and was adopted by the Assembly.

 

Draft Article 202 was initially adopted on 7th June, 1949.

 

Subsequently, a minor amendment to the Draft Article was adopted without debate on 7th September 1949.