Everything You Need to Know About Writ Petition In India

The Indian Constitution ensures that everyone is treated equally under the law and creates social, economic, and political justice for the people. It has no bearing on a person's capacity to appeal their case to a judicial authority. In this blog, we shall understand one of the most important legal instruments - the writ petition. As highlighted in many discussions in lawyers’ conferences that focused on Indian law, a writ is a court order that requires a person or organization to follow a particular course of action in line with the conditions of the order.

What Does It Mean To File A Writ Petition?

Anyone may file a writ petition with the Supreme Court if they believe the government has infringed their fundamental rights. On the other hand, a writ petition may be filed with the High Court if the State has violated their Fundamental Rights or any other rights.

A writ is a court order or document that directs a person, an official, or an authority to do a specified action or abstain from taking a particular activity. Those interested in getting such an order might file a writ petition with the proper court.

A written order issued by a court or other authority with superior power is one definition of a writ. If a citizen's fundamental rights have been infringed, the case may be assigned to a court with a lower jurisdiction or to a person.

How Can A Person File A Writ Petition In India?

In India, a Writ is an official order issued by the court to instruct the authorities in the case of a violation of fundamental rights by a government institution or organization. According to Article 32 of the Indian Constitution, you have the right to file a writ petition with the Supreme Court of India. On the other hand, under Article 226 of the Indian Constitution, you have the right to do so with the High Court.

This is unquestionably an art performed by legal specialists under all circumstances. The higher courts have the power to analyze the writs more quickly than any other petition to do what is proper. If you are looking forward to signing this petition, you can learn more about it at the Law 2.0 Conference.

Types of Writs Petitions-

Habeas Corpus-

"Habeas Corpus," the name of the judicial action, literally means "you may have the body." This writ demands a person who has detained another person to present the detainee before the court and explain the grounds for the detention. If a detainee's fundamental rights are infringed, an application for a Writ of Habeas Corpus may be filed.

The writ of habeas corpus ensures that persons who have been imprisoned are not kept in unlawful custody, which is defined as detention without adequate grounds or evidence. The person who has been arrested and the person who has gone to the prisoner's aid are entitled to seek redress.

Mandamus-

The Latin term "mandamus" means "we command." It is a court order for a public entity to carry out specific legal responsibilities that it has either failed or refused to carry out. The phrase "mandamus" refers to a writ issued by higher courts to instruct lower courts, tribunals, forums, or any other public body to do the action that typically falls within their jurisdiction. The guidelines regarding this procedure are discussed in almost every conference for lawyers.

Prohibition-

The conventional term for this writ is "Stay Order," which means "to prohibit or deny." The writ of prohibition may be issued at any point throughout the proceedings. In contrast, the writ of certiorari cannot be issued until the order or decision has been made public. As a consequence, the jurisdictional writ is another term for it.

The High Court or the Supreme Court issues a Stay Order to lesser courts or government entities, telling them to desist from doing something prohibited by law. Despite this, the prohibition writ has been used in combination with other writs. Once the writ of prohibition is accepted, which may happen in either the Supreme Court or the High Court, the lower court processes end.

Certiorari-

When considered literally, the term "Certiorari" means "certification." A lower court's decision may be reversed by requesting the Supreme Court for a writ of certiorari, which will then be issued. Only after the order or judgment has been issued is it possible to employ this writ as a remedy.

A writ of certiorari may be issued by either the Supreme Court or any High Court in the nation to reverse an order previously issued by a lower court, tribunal, or quasi-judicial body. When the Supreme Court believes that a lower court or tribunal has made a legal mistake or issued an order beyond its jurisdiction, it has the right to transfer the matter to itself or quash the lower court's or tribunal's order. The writ of certiorari provides it with this power.

Quo Warranto-

The word "quo warranto" is supposed to communicate the phrase "by what authority or by what warrant." In most circumstances, it is given by a court to determine if he is legally entitled to occupy that position or under what authority he is doing. The court issues a writ of Quo warranto to investigate the legality of a claim made by a person or authority.

It has provisions that enable public members to file a quo-warranto petition if an illegitimate authority seizes control of a government office. The argument is that one may serve in a public office without having the legal right to do so. The writ is only valid for public institutions and offices and cannot be utilized in private ones.

To sum up-

If your fundamental rights are violated, you have the legal right to file a writ. In most situations, a writ petition must be filed against any state or federal government entity. As mentioned in many law conferences in USA, they are a crucial tool for the courts to utilize in rebuilding faith in the constitutional mandate and the judicial system.