WRIT PETITIONS - An angel to safeguard your constitutional rights

Writ Petition is an order by a higher court or a supreme court to a lower court or courts, directing them to do something or stop them from doing something. A writ is a form of written command in the name of the court. It directs you to act in a specific way.

In the Indian legal system, you can file or draft a writ petition under Article 226 in the High Court and under Article 32 of the Indian Constitution in the Supreme Court. Article 32 and Article 226 of the Indian constitution elaborate on the process and meaning of the writ petition. You can even file a criminal or civil writ petition in the High Court or the Supreme Court, depending on the subject matter. If a person is unsatisfied by the order of the High Court than a suitable petition may be applied in the Supreme Court.

What is a Writ Petition?

Writ in India is the formal order of the court directing the authorities if there is a violation of the Fundamental Rights by a government authority or body. You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution where there is a violation of fundamental rights, whereas you can file the writ petition in High Court under Article 226 of the Indian constitution where there is a violation of other constitutional rights. You can also file Writ Petitions in India for a civil or a criminal act.

There are five writ petition types in the Indian constitution, which you can file either before the High Court or Supreme Court such as:

• Habeas Corpus - The writ of habeas corpus, often shortened to habeas corpus, is the requirement that an arrested person be brought before a judge or court before being detained or imprisoned.
• Mandamus  - Mandamus ( means we command) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against a statutory provision
• Prohibition  - The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme Court to any inferior court, or quasi-judicial body prohibiting the latter from continuing the proceedings in a particular case, where it has no jurisdiction to try. After the issue of this writ, proceedings in the lower court, etc. come to a stop.
• Certiorari - Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority.
• Quo Warranto - The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is a writ issued with a view to restraining a person from holding a public office to which he is not entitled. The writ requires the concerned person to explain to the Court by what authority he holds the office. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant. Thus High Court may issue a writ of quo-warranto if a person holds an office beyond his retirement age.

For any assistance, regarding the filing of Writ petitions, you may contact Solutions Legalis.