Writ Petitions

WRIT PETITIONS

Constitutional Remedies Against Unlawful & Arbitrary Actions

A writ petition is a powerful constitutional remedy through which individuals, businesses, and organizations can seek judicial intervention against unlawful, arbitrary, or unconstitutional actions of public authorities.

WHEN CAN A WRIT PETITION BE FILED?

Writ jurisdiction may be invoked where there is:

• Violation of Fundamental or Legal Rights
• Arbitrary or Unreasonable Government Action
• Abuse of Administrative Authority
• Failure of a Public Authority to Perform Its Legal Duty
• Unlawful Orders, Decisions or Proceedings
• Infringement of Constitutional Rights

KEY CONSTITUTIONAL REMEDIES

Article 226 — High Courts
High Courts can issue appropriate writs for enforcement of fundamental rights and for other legal purposes.

Article 32 — Supreme Court
The Supreme Court may be approached for enforcement of Fundamental Rights.

TYPES OF WRITS?

Habeas Corpus — Protection against unlawful detention
Mandamus — Directing a public authority to perform its legal duty
Certiorari — Reviewing or quashing an unlawful order
Prohibition — Preventing a lower authority from exceeding its jurisdiction
Quo Warranto — Challenging unlawful occupation of a public office