Are you someone whose Fundamental Rights as an Indian citizen, have been infringed? Or, who seeks to call the attention of the authorities with a writ petition for erroneous verdict?
With a formal written order issued by an authorized court, you’ll be able to effectively address these issues! Different types of writs can be issued by the High Courts and The Supreme Court of India, to protect your fundamental rights.
Types of Writs – A Quick Breakdown
There are five kinds of writs that can be issued by the supreme court, or high court. There are various fundamental rights guaranteed to citizens under the third part of the Indian constitution. To enforce that right you can enforce any of these writs, each of them is issued under different circumstances, and have varying implications, as listed below.
1. Habeas Corpus
If a person has been unlawfully imprisoned or detained, this writ can be filed by the detained individual himself, or by his relatives on his behalf. By virtue of this writ, the detained person will be brought before the court, to examine the legality of the situation. If it is determined that the person was detained unlawfully, the court will direct his immediate release, thus providing an immediate determination of his right to freedom
The Court issues this writ to ensure that public authorities remain within their jurisdiction while they’re involved in public functions. It can be filed against any public authority including a public official, public corporation, government, an inferior court, or tribunal that has refused to, or is not performing its legal duties. It can be petitioned by any individual, who has an interest in the duties performed by these authorities.
3. Quo Warranto
By virtue of this writ, the Court can summon a person who holds a public office to prove the authority under which he holds the position. If it is determined that the person is not entitled to hold that office, he may be removed from it. The primary objective of this writ is to avoid the misuse of authority and prevent usurpation of a public office.
If a higher court like the Supreme Court or any High Courts is of the opinion that any of its lower or subordinate courts or tribunals have passed a verdict which is beyond its powers or jurisdiction, has committed an error in law, or passed an erroneous verdict, the higher court can issue this writ. The writ then allows for the transfer of the case to the higher court or allows the court to revoke the order passed by the tribunal or lower courts.
The writ of prohibition is issued by a higher court, to prohibit tribunals, lower courts, and other quasi-judicial authorities from doing something beyond their jurisdiction. The writ differs from mandamus, as it dictates inactivity, rather than activity, like the former one. The circumstances that prompt the issuance of this writ are when the tribunal or lower court acts without, or in excess of its jurisdiction by law, or violates any rules of justice that contradict fundamental rights.
Getting Right to It – Filing A Writ Petition
You can file a writ petition with the Supreme Court or a High Court within whose jurisdiction the cause of action has arisen. After the writ petition has been drafted, you can file it in Court. On the scheduled hearing date, a notice will be sent to the other party, following which, another hearing date will be set. On this date, the court will adjudge the petition, and give a final verdict.
If you wish to file a writ petition and need help, consult a legal counsel, who will guide you through all the procedures and technicalities required for drafting, and representation in court. Moreover, you can also feel free to consult our services if you have any queries.