Writ Petitions & Constitutional Remedies

A Writ Petition is one of the most powerful legal tools in India to enforce fundamental rights and challenge illegal actions of government authorities.

Types of Writs We Handle:

  • Habeas Corpus – To protect personal liberty against illegal detention.
  • Mandamus – To compel a public authority to perform its duty.
  • Certiorari – To quash illegal orders or actions of lower authorities.
  • Prohibition – To stop a lower court or authority from exceeding its jurisdiction.
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FAQ

Writ Petitions

1. What is a writ petition?
A writ petition is a constitutional remedy enabling individuals to seek judicial enforcement of fundamental or legal rights violated by the State or its instrumentalities. It represents the doctrine of 'ubi jus ibi remedium' where there is a right, there is a remedy.
2. Which constitutional provisions govern writs?
Articles 32 and 226 of the Constitution of India empower the Supreme Court and High Courts, respectively, to issue writs for protection of rights. While Article 32 is confined to fundamental rights, Article 226 extends to legal rights as well.
3. What are the types of writs?
The five principal writs are: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. Each serves distinct purposes from securing personal liberty to restraining excess of jurisdiction.
4. Can a writ be filed against private entities?
Generally no, unless the private body performs a public duty. The judiciary adopts a functional test to determine whether the entity discharges a statutory or governmental role.
5. What is the time limit to file a writ?
There is no strict limitation period, but petitions must be filed within a reasonable time. Delay or laches may defeat the claim. Courts apply the maxim 'Vigilantibus non dormientibus jura subveniunt' the law aids the vigilant, not the indolent. Given the technical nature of constitutional pleadings and evidentiary thresholds, professional drafting and strategic relief framing are essential for writ petitions.
6. What reliefs can be sought in a writ petition?
  • Quashing of illegal orders
  • Direction to perform legal duties
  • Release of unlawfully detained person
  • Declaration of rights
  • Restraining orders against misuse of power