Part VI - The States • Article

Article 226A Simplified: Constitutional validity of Central laws not to be considered in proceedings under article 226

Article 226A was a restrictive provision introduced in 1976 that barred state High Courts from considering the constitutional validity of Central (union) laws in writ petitions filed by citizens. It was omitted in 1977 to restore the full constitutional powers of High Courts to protect citizens' rights.

Official Text

Omitted by the Constitution (Forty-third Amendment)Act, 1977, s. 8 (w.e.f. 13-4-1978).

Simple Meaning

Explain Like Ten

This was an old rule put in during a state of emergency to stop local High Courts from checking if central government laws were fair. It was quickly deleted in 1977 so High Courts could once again protect citizens from unfair central laws.

Student Mode

Article 226A was inserted by the 42nd Amendment in 1976 during the Emergency, stripping High Courts of the power to evaluate the constitutional validity of Central laws in writ petitions. Recognizing this as an assault on judicial review, Parliament omitted the article via the 43rd Amendment in 1977, restoring the High Courts' full powers.

Example

If the central government passed a law that violated a citizen's rights in Kerala, Article 226A prevented the Kerala High Court from hearing a challenge against it. The citizen had to go to the Supreme Court instead. The repeal restored the Kerala High Court's jurisdiction.

Key Takeaway

Omitting Article 226A restored the High Courts' vital power of judicial review over central legislation.

FAQs

Why was Article 226A inserted in the Constitution?

It was inserted during the Emergency to shield Central laws from judicial review by state High Courts, forcing citizens to appeal only in the Supreme Court.

Which amendment repealed Article 226A?

The 43rd Constitutional Amendment Act, 1977.

What was the effect of omitting Article 226A?

It restored the power of High Courts to declare Central laws unconstitutional under Article 226.