Constitutional Law for the Law Paper: Writs, Articles 226 and 227, High Court Powers and Contempt

What to remember

• Article 226 is wider than Article 32. A High Court can issue writs for enforcement of Fundamental Rights and for any other purpose, while the Supreme Court under Article 32 acts only for Fundamental Rights.
• Article 227 is the power of supervision. The High Court supervises all courts and tribunals in its territory, but it is not an appeal.
• Contempt protects the administration of justice. The High Court is a court of record (Article 215) and may punish its own contempt. The Contempt of Courts Act, 1971 divides contempt into civil and criminal.

1. High Courts: the constitutional frame

• Article 214: there shall be a High Court for each State. Article 231 allows Parliament to set up a common High Court for two or more States.
• Article 215: every High Court is a court of record with power to punish for its own contempt.
• Article 216: a High Court has a Chief Justice and other judges, as the President fixes.
• Article 217: a judge is appointed by the President after consultation (in practice, through the collegium system laid down by the Supreme Court). A judge holds office up to 62 years of age and can be removed only in the same way as a Supreme Court judge.
• Article 219: judges take an oath or affirmation before the Governor or a person he appoints.
• Article 221: salaries and allowances are fixed by law and are not varied to a judge's disadvantage after appointment.
• Article 226: power to issue writs.
• Article 227: superintendence over all courts and tribunals.
• Article 228: the High Court may withdraw a case from a subordinate court if it involves a substantial question of law about the Constitution, and decide it itself.
• Article 229: the Chief Justice appoints the officers and servants of the High Court, and the conditions of their service are laid down by rules made by him (subject to law made by the State Legislature).
• Articles 233 to 237: the subordinate judiciary. The Governor appoints district judges in consultation with the High Court; Article 235 gives the High Court control over district courts and the courts below them.

The AP High Court sits at Amaravati and has been functioning as a separate High Court for the State since 1 January 2019.

2. Writs: meaning and the five kinds

A writ is a formal written order of a court. The word is of English origin; the five writs below are the traditional prerogative writs. The High Court issues them under Article 226 and the Supreme Court under Article 32.

Important points on each writ:

• Habeas corpus can be filed by the detainee or by anyone on his behalf. It lies against State and also private detention. It is an exception to the rule that only the aggrieved person can approach the court.
• Mandamus does not lie against a private person (in general), against the President or a Governor personally, or to enforce a purely private contract. It also does not lie to enforce a directory, non-statutory duty.
• Prohibition is preventive; certiorari is curative. Prohibition is issued before the order is made; certiorari after it.
• Quo warranto can be sought by any person, because it is a matter of public interest. The office must be a public one created by law, of a substantive nature.
• Prohibition lies only against judicial and quasi-judicial authorities. Certiorari was earlier limited the same way, but the Supreme Court has held it can also issue against administrative authorities affecting individual rights; neither lies against legislative acts.

3. Article 226 vs Article 32

Article 226 can also be used against private bodies when they perform public functions. The High Court's writ power cannot be taken away by a law, as it is a part of the basic structure (judicial review).

4. Principles on which the High Court exercises writ power

• Alternative remedy: the court usually asks the petitioner to use the statutory remedy first. This is a rule of discretion, not of power. It is relaxed where there is a breach of a Fundamental Right, a violation of natural justice, lack of jurisdiction or a challenge to the vires of a law.
• Delay and laches: unexplained delay may defeat a petition.
• Locus standi: the petitioner must normally be a person whose right is affected. Public interest litigation allows a public-spirited person to approach the court for those who cannot.
• Disputed facts: a writ petition is not suited to decide complex disputed questions of fact.
• Clean hands: the petitioner must come with full and honest facts. Suppression of material facts leads to dismissal.
• Interim orders: the High Court may pass interim orders under Article 226 in appropriate cases.

5. Article 227: superintendence

Under Article 227 the High Court can call for returns from subordinate courts, issue general rules and forms for regulating their practice and proceedings, and prescribe the forms for keeping books and accounts. The Supreme Court has held that the supervisory jurisdiction is part of the basic structure, and that the decisions of tribunals can be tested before the High Court under Articles 226 and 227 before going to the Supreme Court.

6. Contempt of court

Article 215 makes the High Court a court of record. Article 129 does the same for the Supreme Court. The Contempt of Courts Act, 1971 defines and punishes contempt.

• Civil contempt: willful disobedience of a judgment, decree, direction, order, writ or other process of a court, or willful breach of an undertaking given to a court.
• Criminal contempt: publication or act that scandalises or lowers the authority of a court, prejudices or interferes with judicial proceedings, or obstructs the administration of justice.

Important rules:

• Punishment: simple imprisonment up to six months, or fine up to Rs 2,000, or both. An apology may lead to discharge if the court is satisfied that it is bona fide.
• Defences: innocent publication or distribution, fair and accurate report of judicial proceedings, fair criticism of a judicial act after the case is finished, and truth as a defence if it is in public interest and the request is bona fide (added in 2006).
• Limitation: proceedings must start within one year from the date of the alleged contempt.
• Appeal: an appeal lies against an order punishing for contempt (not against refusal to punish).
• Procedure: the High Court may act on its own motion, or on a motion by the Advocate General, or by another person with his consent in writing. Criminal contempt needs the Advocate General's consent when a private person moves the court.
• Subordinate courts: the High Court deals with contempt of courts below it. A subordinate court cannot punish contempt, but may refer the matter to the High Court.

Fair comment on a judgment is allowed; attacking the judge's character or motives is not.

7. Judicial review and other points to know

• Judicial review means the power of courts to test laws and actions against the Constitution. It is part of the basic structure.
• A High Court can declare a State law void if it is against the Constitution. It can also test Central laws, subject to the overall power of the Supreme Court.
• Public interest litigation has widened access. A letter may be treated as a writ petition.
• Habeas corpus may be heard on a priority basis because liberty is involved.
• Orders of the High Court on writs are subject to appeal to a larger bench (writ appeal) and to the Supreme Court under Article 136 or Article 132 where applicable.
• The registry officers and section officers of the High Court have a role in checking the formalities of petitions, defects, numbering and listing.

Exam traps

• Article 32 vs 226: Article 32 is only for Fundamental Rights; Article 226 is for Fundamental Rights and other purposes.
• Prohibition vs certiorari: prohibition prevents; certiorari quashes after the order.
• Quo warranto vs mandamus: quo warranto tests the right to hold office; mandamus compels a duty.
• Habeas corpus: it does not mean the person will be set free; it means the person must be produced.
• Article 226 vs 227: 226 is a writ power; 227 is a supervisory power over all courts and tribunals.
• Article 227 vs appeal: 227 is not an appeal and does not re-weigh evidence.
• Civil vs criminal contempt: disobedience of an order is civil; scandalising the court is criminal.
• Article 229 vs 235: Article 229 is about High Court's own staff; Article 235 is about subordinate judiciary.

One-liners

• 1. Article 214 provides a High Court for every State.
• 2. Article 215 makes the High Court a court of record.
• 3. High Court judges retire at 62 years.
• 4. Article 226 gives power to issue writs "for any other purpose" too.
• 5. Habeas corpus means "to have the body".
• 6. Mandamus means "we command".
• 7. Certiorari quashes the order of a lower body.
• 8. Quo warranto asks "by what authority".
• 9. Article 227 gives superintendence over courts and tribunals.
• 10. Article 229 deals with High Court staff, appointed by the Chief Justice.
• 11. Article 235 gives control over the subordinate judiciary to the High Court.
• 12. The Contempt of Courts Act was passed in 1971.

Practice questions

1. Which Article empowers a High Court to issue writs?

   1. Article 227
   2. Article 32
   3. Article 226
   4. Article 215
   Answer

   C. Article 226

   Article 226 gives the High Court writ power.

2. Which writ literally means 'you may have the body'?

   1. Mandamus
   2. Certiorari
   3. Quo warranto
   4. Habeas corpus
   Answer

   D. Habeas corpus

   Habeas corpus asks that the detained person be produced.

3. The writ of mandamus means

   1. To be certified
   2. We command
   3. By what authority
   4. To forbid
   Answer

   B. We command

   Mandamus orders performance of a public duty.

4. The writ used to test the legality of a person holding a public office is

   1. Quo warranto
   2. Prohibition
   3. Mandamus
   4. Habeas corpus
   Answer

   A. Quo warranto

   Quo warranto means 'by what authority'.

5. The writ used to quash an order of a lower tribunal is

   1. Quo warranto
   2. Certiorari
   3. Habeas corpus
   4. Mandamus
   Answer

   B. Certiorari

   Certiorari removes and quashes orders made without jurisdiction.

6. Article 215 declares every High Court to be

   1. A court of record
   2. A Lok Adalat
   3. A court of appeal
   4. A tribunal
   Answer

   A. A court of record

   The High Court is a court of record.

7. The retirement age of a High Court judge is

   1. 65 years
   2. 58 years
   3. 60 years
   4. 62 years
   Answer

   D. 62 years

   High Court judges retire at 62.

8. Article 227 gives the High Court

   1. Power of appeal
   2. Power to amend the Constitution
   3. Superintendence over all courts and tribunals in its territory
   4. Power over Parliament
   Answer

   C. Superintendence over all courts and tribunals in its territory

   Article 227 is supervisory power.

9. The Chief Justice appoints officers and servants of the High Court under Article

   1. 227
   2. 214
   3. 229
   4. 235
   Answer

   C. 229

   Article 229 deals with High Court staff.

10. Control over district courts and courts below is vested in the High Court by Article

    1. 228
    2. 235
    3. 233
    4. 237
    Answer

    B. 235

    Article 235 gives control over the subordinate judiciary.

11. Who appoints district judges?

    1. Chief Justice of India
    2. Chief Minister
    3. President alone
    4. Governor in consultation with the High Court
    Answer

    D. Governor in consultation with the High Court

    Article 233 provides this.

12. The Contempt of Courts Act was enacted in

    1. 1971
    2. 2005
    3. 1986
    4. 1950
    Answer

    A. 1971

    The Act dates from 1971.

13. Willful disobedience of a court order is

    1. Not contempt
    2. Criminal contempt
    3. Civil contempt
    4. Sedition
    Answer

    C. Civil contempt

    Willful disobedience of a judgment or order is civil contempt.

14. Scandalising or lowering the authority of a court is

    1. Criminal contempt
    2. Fair comment
    3. Civil contempt
    4. Perjury
    Answer

    A. Criminal contempt

    It is criminal contempt.

15. The maximum punishment for contempt under the Act is simple imprisonment up to

    1. Two years
    2. Three months
    3. One year
    4. Six months
    Answer

    D. Six months

    Six months or fine up to Rs 2,000, or both.

16. Proceedings for contempt must start within

    1. Twelve years
    2. One year
    3. Six months
    4. Three years
    Answer

    B. One year

    The limitation period is one year.

17. Which of the following is a feature of Article 226 NOT found in Article 32?

    1. Power over Fundamental Rights
    2. Issue of writs
    3. Power to issue habeas corpus
    4. Power for 'any other purpose'
    Answer

    D. Power for 'any other purpose'

    Only Article 226 extends to any other purpose.

18. Article 32 itself is

    1. A customary right
    2. A Directive Principle
    3. A Fundamental Right
    4. A statutory right
    Answer

    C. A Fundamental Right

    Article 32 is a Fundamental Right (right to constitutional remedies).

19. Prohibition is issued

    1. Only against the President
    2. Only for detention
    3. While proceedings are pending, to stop excess of jurisdiction
    4. After the lower body's order
    Answer

    C. While proceedings are pending, to stop excess of jurisdiction

    Prohibition is preventive.

20. A petitioner who waits many years without explanation for filing a writ may fail because of

    1. Delay and laches
    2. Estoppel by deed
    3. Res judicata
    4. Contempt
    Answer

    A. Delay and laches

    Unexplained delay can defeat a writ petition.

21. Which writ can be sought even by a person who has no personal interest in the office?

    1. Prohibition
    2. Quo warranto
    3. Mandamus
    4. Certiorari
    Answer

    B. Quo warranto

    Quo warranto is a public-interest remedy.

22. Mandamus will generally NOT be issued against

    1. A municipality
    2. A government department
    3. A statutory board
    4. A private individual with no public duty
    Answer

    D. A private individual with no public duty

    Mandamus lies for public duty, not private matters.

23. Article 228 allows the High Court to

    1. Withdraw a case with a substantial constitutional question and decide it
    2. Pass laws
    3. Hear election disputes only
    4. Remove a judge
    Answer

    A. Withdraw a case with a substantial constitutional question and decide it

    It allows withdrawal of such cases from subordinate courts.

24. A High Court's jurisdiction under Article 226 may extend outside its territory if

    1. The petitioner lives elsewhere
    2. The cause of action arises wholly or partly within its territory
    3. The respondent agrees
    4. The Governor requests
    Answer

    B. The cause of action arises wholly or partly within its territory

    Article 226(2) uses the cause of action test.

25. Statement 1: Habeas corpus can be filed by a person other than the detainee. Statement 2: Habeas corpus automatically orders the release of the detainee.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The court only checks the legality of detention; 2 is wrong.

26. Statement 1: Article 227 gives the High Court an appellate power over all subordinate courts. Statement 2: Article 227 covers tribunals.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    It is supervisory and covers tribunals; it is not an appeal.

27. Statement 1: Truth is a defence in contempt if it is in public interest and bona fide. Statement 2: Fair criticism of a judgment after a case is finished is contempt.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Fair criticism after the case is finished is not contempt.

28. Statement 1: Article 226 is available only for Fundamental Rights. Statement 2: Article 32 is available for any legal right.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    Both are reversed.

29. Statement 1: Article 215 makes the High Court a court of record. Statement 2: An appeal lies against an order punishing for contempt.

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

30. Match the pair: Article 231

    1. Contempt
    2. Writs
    3. High Court staff
    4. Common High Court for two or more States
    Answer

    D. Common High Court for two or more States

    Parliament may set up a common High Court.

31. Match the pair: Article 219

    1. Transfer of judge
    2. Oath of a High Court judge
    3. Salaries
    4. Seat of court
    Answer

    B. Oath of a High Court judge

    Article 219 deals with oath or affirmation.

32. Match the pair: certiorari lies for

    1. Wrong holding of office
    2. Detention only
    3. Error apparent on the face of the record
    4. Missing public duty
    Answer

    C. Error apparent on the face of the record

    An error of law apparent on the record may be corrected by certiorari.

33. A person is kept in illegal police custody beyond 24 hours. The best writ is

    1. Certiorari
    2. Quo warranto
    3. Prohibition
    4. Habeas corpus
    Answer

    D. Habeas corpus

    Habeas corpus tests the lawfulness of detention.

34. A public authority refuses to perform a duty imposed by statute. The right writ is

    1. Mandamus
    2. Prohibition
    3. Habeas corpus
    4. Quo warranto
    Answer

    A. Mandamus

    Mandamus compels performance of a public duty.

35. A tribunal is about to hear a case clearly outside its jurisdiction. The right writ is

    1. Mandamus
    2. Prohibition
    3. Habeas corpus
    4. Quo warranto
    Answer

    B. Prohibition

    Prohibition stops excess of jurisdiction in advance.

36. A person is working as a university head without the qualification the law requires. A challenge is made through

    1. Habeas corpus
    2. Prohibition
    3. Quo warranto
    4. Certiorari
    Answer

    C. Quo warranto

    Quo warranto tests the right to hold a public office.

37. A petitioner asks the High Court to re-assess all the evidence of a civil case under Article 227. The court will

    1. Do so as an appellate court
    2. Decline, as Article 227 is not an appeal
    3. Send it to the Collector
    4. Order a retrial
    Answer

    B. Decline, as Article 227 is not an appeal

    Supervisory power is not used to reappraise evidence.

38. A statutory appeal is available but the petitioner goes directly to the High Court under Article 226. The court may

    1. Hear it in every case
    2. Never hear it
    3. Send it to Parliament
    4. Refuse for alternative remedy, though it is a rule of discretion
    Answer

    D. Refuse for alternative remedy, though it is a rule of discretion

    Alternative remedy is a rule of discretion with exceptions.

39. The High Court is moved for contempt by a private person. Under the Act, for criminal contempt, the motion requires

    1. Consent of the Governor
    2. Consent of the Collector
    3. Consent of the Advocate General
    4. Nothing
    Answer

    C. Consent of the Advocate General

    The Advocate General's consent is needed for a private motion.

40. Which of the following is a defence in contempt proceedings?

    1. Fair and accurate report of judicial proceedings
    2. Willful defiance
    3. Obstructing court process
    4. Abuse of the judge
    Answer

    A. Fair and accurate report of judicial proceedings

    Fair and accurate reports are protected.

41. Which of the following is correct about judicial review?

    1. It applies only to the Supreme Court
    2. It was removed in 1976
    3. It is part of the basic structure
    4. It is abolished by Article 226
    Answer

    C. It is part of the basic structure

    The Supreme Court has held judicial review to be part of the basic structure.

42. The High Court for Andhra Pradesh has been functioning as a separate High Court since

    1. 2 June 2014 without a seat
    2. 1 January 2026
    3. 1 November 1956
    4. 1 January 2019
    Answer

    D. 1 January 2019

    The separate AP High Court began functioning on 1 January 2019.

43. Which writ could be issued against a private detention?

    1. Habeas corpus
    2. Quo warranto
    3. Prohibition
    4. Certiorari
    Answer

    A. Habeas corpus

    Habeas corpus lies against private as well as State detention.

44. Which article makes the High Court's writ jurisdiction wider than the Supreme Court's in subject-matter?

    1. Article 227
    2. Article 226
    3. Article 231
    4. Article 235
    Answer

    B. Article 226

    Because of 'any other purpose'.

45. Which of the following is a supervisory power rather than a writ power?

    1. Article 227
    2. Article 136
    3. Article 32
    4. Article 226
    Answer

    A. Article 227

    Article 227 is supervisory.