A writ petition is a formal written application or request submitted to the Supreme Court or a High Court seeking the issuance of a writ. These petitions are filed by individuals, organizations, or entities to invoke the court’s jurisdiction to protect their fundamental rights, enforce statutory rights, or challenge governmental or administrative actions.
Types of Writs:
- Habeas Corpus:
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- Purpose: Directs the release of a person detained unlawfully.
- Can be issued against:
- Public authorities
- Private individuals
- Can’t be issued against:
- Lawful detention
- Proceedings related to contempt of court/legislature
- Detention outside the court’s jurisdiction
- Mandamus:
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- Purpose: Directs a public authority to perform its duty.
- Can be issued against:
- Public bodies
- Corporations
- Inferior courts
- Tribunals
- Government
- Can’t be issued against:
- Private individuals/bodies
- Discretionary duties
- Contractual obligations
- President, Governor
- Chief Justice of High Court acting in a judicial capacity
- Quo Warranto
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- Purpose: Directs a person to vacate an office assumed wrongfully.
- Can be issued against:
- Judicial/quasi-judicial authorities
- Can’t be issued against:
- Administrative, legislative, and private bodies and individuals
- Prohibition:
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- Purpose: Prohibits a lower court from proceeding with a case.
- Can be issued against:
- Judicial, quasi-judicial, and administrative authorities
- Can’t be issued against:
- Legislative and private bodies/individuals
- Certiorari
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- Purpose: A higher court removes a proceeding from a lower court and brings it before itself.
- Can be issued against:
- Statutory/constitutional public office
- Can’t be issued against:
- Ministerial office
- Private office
Constitutional Provisions
- Article 32:
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- Supreme Court can issue writs.
- Parliament can empower other courts to issue writs, but no such provision exists so far.
- Under Article 32, the SC acts as a defender and guarantor of fundamental rights.
- Article 226:
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- High Courts can issue writs.
- Before 1950, only the High Courts of Calcutta, Bombay, and Madras had the power to issue writs.
Writ Jurisdiction
- Supreme Court
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- Purpose: Enforces fundamental rights only.
- Scope: Writ can be issued against persons/government throughout the territory of India.
- Refusal: Not applicable, as Article 32 itself is a fundamental right.
- High Court
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- Purpose: Enforces both legal and fundamental rights.
- Scope: Writ can be issued within territorial jurisdiction or if action arises within its jurisdiction.
- Refusal: May refuse, as a remedy under Article 226 is discretionary.
Writ petitions serve as vital tools in ensuring the enforcement of rights and duties, with various types of writs addressing unlawful detention, governmental inaction, and the wrongful assumption of office. The jurisdiction of the Supreme Court and High Courts further strengthens the legal framework for justice.
