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Article 226 and private bodies: the public-function test

By CAShorts DeskPublished Updated Source: Delhi High Court judgment in W.P.(C) 14915/2026 (8 October 2026); Calcutta High Court judgment in FMA 390 of 2025 (6 October 2026); ANI; The News Mill; Court Book

Why in news: Running an email service is a commercial activity, not a public function open to writs, the Delhi High Court held on 8 October 2026.

Article 226 and private bodies: the public-function test
Illustration (AI-generated)

Article 226 lets a High Court issue writs to 'any person or authority'. A private body that is not 'State' under Article 12 can face one when it performs a public function: what counts is the function, not the body's form. In October 2026, two High Courts held neither an email service nor a book-fair organiser performs one.

Syllabus: GS2 · Constitution; GS2 · Separation of Powers; Prelims · Polity & Governance

In short

Article 226 lets a High Court issue writs to 'any person or authority', so a private body outside Article 12's 'State' can answer one when it performs a public function.

When a writ reachesprivate bodiesIs it 'State' underArticle 12?If not, a publicfunction?Public-law elementbehind the actWrit under Article226

The public-function test rightly looks at the task, not the body's size; statutory duties, not stretched writs, should close the remaining gaps.

Why it matters

A user locked out of an email account, a publisher refused a stall at a book fair, or a cricketer dropped by a sports board all ask one question: can a High Court order a private body to act? If the body performs a public function, a writ petition is quick, and the body must act fairly and give reasons. If not, the person must file a civil suit, go to a consumer commission or use the company's own grievance officer, which takes longer. As private firms run more of daily life, from email to payments, this test decides how far the Constitution's standards of fairness follow power from government into the market.

Prelims pointers

  • Article 226 sits in Part VI (the High Courts); Article 32 sits in Part III and is itself a fundamental right.
  • Article 226(2): a High Court may issue writs where the cause of action arises, even if the respondent sits outside its territory.
  • Five writs: habeas corpus (produce a detainee), mandamus (perform a duty), writ of prohibition (stop excess of jurisdiction), certiorari (quash an order), quo warranto (test a claim to office).
  • Mandamus does not lie against the President or a State Governor, nor against a private body that owes no public duty.
  • Quo warranto lies for a substantive public office created by statute or the Constitution; any interested person may seek it, not only an aggrieved one.
  • G. Bassi Reddy v ICRISAT (2003): public functions are those similar or closely related to functions the State performs in its sovereign capacity.
  • Kaushal Kishor (2023), Constitution Bench, 4:1: rights under Articles 19 and 21 can be enforced even against persons other than the State.

Practise a UPSC-style question

With reference to Article 226 of the Constitution of India, consider the following statements:

1. A High Court may issue writs for the enforcement of fundamental rights and also for any other purpose.

2. Like Article 32, Article 226 is placed in Part III of the Constitution of India.

3. A High Court may issue a writ to an authority located outside its territory if the cause of action arises within it.

Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3
Show the answer

Answer: (c) 1 and 3 only

1 is correct: Article 226 empowers High Courts to issue writs for Part III rights 'and for any other purpose', a wider reach than Article 32. 2 is incorrect: Article 226 is in Part VI, in the chapter on the High Courts; only Article 32 is in Part III and is itself a fundamental right. 3 is correct: Article 226(2) lets a High Court act where the cause of action arises, wholly or in part, even if the authority's seat is elsewhere.

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