How Do You File A Writ Petition In The High Court And The Supreme Court Step By Step
A writ is a written formal order of the court directing the authorities if there is a violation of the Fundamental Rights by a government authority. You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution; either you can file the writ petition in High Court under Article 226 of the Indian constitution. You can also file a Writ for a civil or a criminal act also.
What is Writ?
A Writ is a written order issued by a court of higher authority. According to the Indian Constitution, the Hon’ble Supreme Court holds the right to issue the writ under Article 32 and High Court under Article 226 against the decision of any court or individual lower according to their jurisdiction.
Type of Writs in the Constitution of India
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. You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution; either you can file the writ petition in High Court under Article 226 of the Indian constitution. You can also file a Writ for a civil or a criminal act.
There are five writ petition types in the Indian constitution -
- Habeas Corpus - Habeas corpus means to have control of the body, which a person can report an unlawful detention or imprisonment to a court and request that the court orders the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
- Mandamus – Mandamus means to have control of the body, it is a judicial remedy in the form of an order to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty.
- Prohibition - A writ of prohibition means - stay order, it is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case that does not fall under its jurisdiction.
- Certiorari - In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
- Quo Warranto - Writ of quo warranto means a writ that you can be issued to restrain a person from acting in the capacity of public office to which he/she does not have the entitlement. Here, the term Quo-Warranto means, ‘by what authority’ or, ‘on whose authority is one holding a public office’.
How do you file a writ petition in the High Court and the Supreme Court?
- Draft writ petition properly.
- After drafting, you can file the petition at the filing counter in court.
- On the date of hearing, the court will admit the petition and send a notice to the other party.
- Then, the court will fix another date for the hearing. This will be in the presence of such other party if it chooses to appear.
- Here the court will finally consider all the contents of the petition, thereby granting relief accordingly.
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