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Report No. 92

2.2. Discussion limited to Article 226.-

We are mainly concerned with the power of the High Court1 under Article 226 of the Constitution that being the provision resorted to much more frequently than the remedy under Article 32 to move the Supreme Court. The latter though of basic importance in our constitutional scheme, is not so frequently resorted to. We would also leave aside, for the present purpose, proceedings in courts subordinate to the High Court wherein the legality of Governmental action is contested. In such proceedings, the relief claimed may include, inter alia, declaratory relief, injunction or damages. Our concern is with the proceedings under Article 226 of the Constitution, dealing with the power of the High Court to make certain orders in the nature of writs. The point to which we address ourselves is whether the power of the High Court in proceedings under Article 226 should, in the interest of justice, be enlarged so as to authorise the award of damages by the High Court.

1. Para. 2.1, supra.

Damage in Applications for Judicial Review - Recommendations for Legislation Back

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