INTRODUCTION
Article 226 of the Indian Constitution empowers High Courts to issue writs in aid of the enforcement of fundamental rights and other legal rights. But this judicial discretion is not unfettered. Courts can refuse to exercise their writ jurisdiction where relief would be unjust, inequitable, or contrary to public interest. Recent judicial decisions have reasserted that High Courts need to strike a balance between legal rights and larger considerations of justice while exercising powers under Article 226.
BACKGROUND
Article 226 empowers High Courts to issue writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari. This jurisdiction is broader than that of the Supreme Court under Article 32, as it extends not merely to fundamental rights but other legal rights as well. But as writ jurisdiction is discretionary, courts are not compelled to grant relief simply because there is a legal right. Availability of alternative remedies, delay in seeking the court’s aid, and conduct of the petitioner are some of the factors that determine the court’s approach.
Through the years, courts have developed a jurisprudence which accords significance to the role of justice and equity in the exercise of writ jurisdiction. The doctrine of “alternative remedy” and the principle that the writ court should not be a substitute for statutory remedies have been applied consistently. But in exceptional situations, like violation of fundamental rights or manifest injustice, courts can act even in the face of alternative remedies.
KEY POINTS ON JUDICIAL DISCRETION UNDER ARTICLE 226
Discretionary Nature: The High Courts are not bound to entertain all writ petitions, even if the petitioner has a good case in law. Courts seek to look for whether grant of relief would be consonant with justice, equity, and good conscience.
Availability of Alternative Remedies: Courts are most likely to refuse to exercise jurisdiction if there is a sufficient alternative remedy, e.g., appeal or tribunal. The exception arises where the alternative remedy is unavailing or inadequate.
Laches and Delay: If the petitioner comes to the court after an inordinately long lapse of time, courts may refuse relief. The long delay might result in destruction of evidence or weakening of third-party rights.
RECENT DEVELOPMENTS
Recent decisions have affirmed the underpinning idea that, as the intervention of the writ courts should take place on equal and just grounds, the courts may refuse to intervene. The supreme court, in a landmark ruling, rejected the option to deny issuing a writ of petition even if the petitioner alternative remedy is available, barring grave violation of human right and/or natural justice. Dismissing the admission of part of the evidence on a second opinion a court rejected also to help a respondent who had included part of the evidence in good faith. That decision clarified that only writ jurisdiction is achievable to bring about a fair justice that is not vengeance for the persons who dare to exploit even the instrument of law.
CONCLUSION
Although Article 226 gives to the High Courts an overwhelming strength, Article 226 as well imposes upon them the duty of wise use of such strength. Technical legality has never, but should never, override the “plain right” and bias in crt courts. However, by reproaching writs whenever its utility would be such that it could lead to reports for which that jurisdiction is not, the functioning of the judicial power only hones its utility as a truly capable vessel of redress in the literal sense. This tension between legal and equitable values is a bulwark against the purity of the Indian constitutional framework.
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WRITTEN BY SUBRAT ASHISH KHARE
