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1. Introduction

Writs are legal orders issued by the Supreme Court or High Court to provide constitutional remedies for Indian citizens against the violation of their fundamental rights. These legal orders are a means of enforcing constitutional rights and ensuring that citizens are protected from unconstitutional acts. Writs are an essential safeguard for citizens to protect their constitutional rights and seek legal remedies against their violation.

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Article 32[1] of the Indian Constitution empowers Indian citizens to seek constitutional remedies from the Supreme Court of India and High Court in case of the violation of their fundamental rights. The Supreme Court has the authority to issue writs for the enforcement of rights, while the High Court has the same power under Article 226[2].

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2. What is a Writ Petition?

Writ Petition�is an order by a higher court to a lower court or courts, directing them to do something or stop them from doing something.�Writ is a form of written command in the name of the court. It directs you to act in a specific way.[3]

In the Indian�legal system, you can file or draft a writ petition under Article 226 in the High Court and under Article 32 of the Indian Constitution in the Supreme Court.�Article 32 and Article 226 of the Indian constitution elaborate�on the process and meaning of the writ petition.�Or else, at any point in time, you can consult an expert lawyer�to draft a writ petition for you.�You can also file a criminal or civil writ petition in the High Court or the Supreme Court, depending on the case matter. In case the High Court doesn�t give a suitable judgment, you can then submit the petition of the writ in the Supreme Court.[4]

Writs of India are borrowed from English law where they are known as �Prerogative writs�.[5] The judicial and administrative systems of today do not employ this language. The prerogative writs are what are known as Writs in India.[6] Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue the writs. Article 226[7] empowers all the High Courts of India to issue the writs.[8]

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3. Types of Writs in India

Writs can be of various types, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari. Habeas corpus is a legal remedy that allows individuals to challenge their detention or unlawful imprisonment. Mandamus is a writ that commands a public official or government body to perform a legal duty that they have failed to perform. Prohibition is a writ that prohibits a public official or government body from performing an action that is beyond their legal authority. Quo warranto is a writ that challenges the legal authority of a person holding public office. Certiorari is a writ that is issued by a superior court to a lower court, requesting the latter to send the record of a case for review.

The Supreme Court of India is the defender of the�fundamental rights�of the citizens. For that, it has original and wide powers. It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types of writs are:[9]

1. Habeas Corpus: The Latin meaning of the word �Habeas Corpus� is �To have the body of.� This writ is used to enforce the fundamental right of individual liberty against unlawful detention. Through�Habeas Corpus, Supreme Court/High Court orders one person who has arrested another person to bring the body of the latter before the court.[10]

Facts about Habeas Corpus in India:

• The Supreme Court or High Court can issue this writ against both private and public authorities.
• Habeas Corpus can not be issued in the following cases:

• When detention is lawful
• When the proceeding is for contempt of a legislature or a court[11]
• Detention is by a competent court
• Detention is outside the jurisdiction of the court[12]

In the case of�Sunil Batra vs Delhi Administration, 1978,[13] the Supreme Court expanded the scope of habeas corpus to the prisoners against inhumane treatment by the jail authorities. It was held in this case, that the court has the power and responsibility to protect the prisoners against this crude behaviour and can use habeas corpus writ to enforce in prison humanism.[14]�

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1. Mandamus: The literal meaning of this writ is �We command.� This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.[15]

Facts about Mandamus in India:

• Unlike Habeas Corpus, Mandamus cannot be issued against a private individual
• Mandamus can not be issued in the following cases:

• To enforce departmental instruction that does not possess statutory force
• To order someone to work when the kind of work is discretionary and not mandatory
• To enforce a contractual obligation[16]
• The writ of mandamus cannot be issued against the President of India and the Governor of State. Under�Article 361�of the Indian Constitution, the President and the Governor of State do not have to answer any court for the performance of their official duties.[17]
• Against the Chief Justice of a High Court acting in a judicial capacity

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• Prohibition: The literal meaning of �Prohibition� is �To forbid.� A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. It directs inactivity.

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Facts about Prohibition in India:

• Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
• It can�t be issued against administrative authorities, legislative bodies and private individuals or bodies.[18]

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1. Certiorari: The literal meaning of the writ of �Certiorari� is �To be certified� or �To be informed.� This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case. It is issued on the grounds of an excess of jurisdiction or lack of jurisdiction or error of law. It not only prevents but also cures for the mistakes in the judiciary.

Facts about Certiorari in India:

• Pre-1991: The writ of Certiorari used to be issued only against judicial and quasi-judicial authorities and not against administrative authorities
• Post-1991: The Supreme Court ruled that the certiorari can be issued even against administrative authorities affecting the rights of individuals
• It cannot be issued against legislative bodies and private individuals or bodies.[19]

In the case of�Hari Vishnu vs Ahmed Ishaque, 1995[20], the court held that an error in the decision or determination itself may also be amenable to a writ of �certiorari� if it is a manifest error apparent on the face of the proceedings.[21]

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1. Quo-Warranto : The literal meaning of the writ of �Quo-Warranto� is �By what authority or warrant.� Supreme Court or High Court issue this writ to prevent illegal usurpation of a public office by a person. Through this writ, the court enquires into the legality of a claim of a person to a public office.

Facts about Quo-Warranto in India:

• Quo-Warranto can be issued only when the substantive public office of a permanent character created by a statute or by the Constitution is involved
• It can�t be issued against private or ministerial office
• This writ gives the right to seek redressal to any individual other than the aggrieved person.[22]

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4. Writ Jurisdiction

The only courts with the authority to exercise writ jurisdiction are the Supreme Court and the High Courts. While article 32 grants it to the Supreme Court, article 226 grants it to the high courts.[23]

Writ Jurisdiction of Supreme Court

Article 32 of the Indian Constitution[24] empowers Indian citizens to seek constitutional remedies from the Supreme Court of India in case of the violation of their fundamental rights. The Constitution has constituted the Supreme Court as the guarantor and defender of the fundamental rights of the citizens. The Supreme Court is empowered to issue writs including habeas corpus, mandamus, prohibition, quo-warrento and certiorari for the enforcement of the fundamental rights of an aggrieved citizen. In this regard, the Supreme Court has original jurisdiction in the sense that an aggrieved citizen can directly go to the Supreme Court, not necessarily by way of appeal. However, the writ jurisdiction of the Supreme Court is not exclusive. The high courts are also empowered to issue writs for the enforcement of the Fundamental Rights. It means, when the Fundamental Rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly. Therefore, the original jurisdiction of the Supreme Court with regard to federal disputes is different from its original jurisdiction with regard to disputes relating to fundamental rights. In the first case, it is exclusive and in the second case, it is concurrent with high courts jurisdiction. Moreover, the parties involved in the first case are units of the federation (Centre and states) while the dispute in the second case is between a citizen and the Government (Central or state).[25]

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There is also a difference between the writ jurisdiction of the Supreme Court and that of the high court. The Supreme Court can issue writs only for the enforcement of the Fundamental Rights and not for other purposes. The high court, on the other hand, can issue writs not only for the enforcement of the fundamental rights but also for other purposes. It means that the writ jurisdiction of the high court is wider than that of the Supreme Court. But, the Parliament can confer on the Supreme Court, the power to issue writs for other�purposes�also.[26]

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Writ Jurisdiction of High Court

Article 226 of the Constitution[27] empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo-warrento for the enforcement of the fundamental rights of the citizens and for any, other purpose. The phrase 'for any other purpose' refers to the enforcement of an ordinary legal right. The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.[28]

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The writ jurisdiction of the high court (under Article 226) is not exclusive but concurrent with the writ jurisdiction of the Supreme Court (under Article 32). It means, when the fundamental rights of a citizen are violated, the aggrieved party has the option of moving either the high court or the Supreme Court directly. However, the writ jurisdiction of the high court is wider than that of the Supreme Court. This is because, the Supreme Court can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.[29]

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In the Chandra Kumar case[30] (1997), the Supreme Court ruled that the writ jurisdiction of both the high court and the Supreme Court constitute a part of the basic structure of the Constitution. Hence, it cannot be ousted or excluded even by way of an amendment to the�Constitution.[31]

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5. Remedies through Writs

The judicial control of administrative action provides a fundamental safeguard against the abuse of power. Since our Constitution was built upon the deep foundations of rule of law, the framers of the Constitution made sincere efforts to incorporate certain Articles in the Constitution to enable the Courts to exercise effective control over administrative action.[32]

Articles 32 and 226 of the Constitution provide remedies by way of writs in this country. The Supreme Court has, under Article 32(2) power to issue appropriate directions, or orders or writs, including writs in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto. The Court can issue not only a writ but can also make any order�or�give�any direction, which it may consider appropriate in the circumstances.' It cannot turn down the petition simply on the ground that the proper writ or direction has not been prayed for." The language used in clause (2) of Article 32 is very wide and is not confined to issuing of prerogative writs only nor does it compel the Court to observe all procedural technicalities gathered around the prerogative writs in England. Yet it has been held that in reviewing administrative action the courts are to keep to broad and fundamental principles underlying the prerogative writs in English law. Delivering the unanimous judgment of the Court in TC. Basappa v. Nagappa[33], Mukerji, J., said: In view of the express provisions in our Constitution we need not look back to the early history or the procedural peculiarities of these writs in English law nor feel oppressed by any difference or change of opinions expressed in particular case by English Judges. We can make an order or issue a writ in the nature of certiorari in all appropriate cases in appropriate manner, so long as we keep to broad and fundamental principles that regulate the exercise of jurisdiction in the matter of granting such writs�in�English�law.[34]

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6. How are Writ Petitions filed in India?

A writ petition can be filed by any individual whose fundamental rights, mentioned under Part � III of the Indian Constitution, are violated. It is a protection against the infringement of fundamental rights.

The application of the writ of Habeas Corpus can be filed by a prisoner who is detained and also by his/her friends or relatives. It is considered as a power that can force the court to address the officer who detained the prisoner. If the court finds that the officer is acting beyond his authority, then the court can order to release the prisoner.

The writ petition, for the violation of fundamental rights, can be filed either in the High Courts or in the Supreme Court. Under Article 32, a person can file a writ petition in the Supreme Court for the violation of his/her fundamental rights.

Under�Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights. It should be noted that the authority against whom the writ petition is filed has to be present within the territory of India, otherwise, the petition has no value.

�When a person�s fundamental rights are infringed, he can move to either of the courts. It is not necessary to first move to the High Court and then to the Supreme Court.�

In the case of�Rajmata Vijai Raje Scindia vs State of Uttar Pradesh, 1986[35]� it was held that there is no specific time limit to file a writ petition in India but it is expected that it should be filed without any delay. In case there is a delay, the court asks for valid justification for the delay. Hence, a reasonable delay is justified, otherwise, the petition may be dismissed.

To file a writ petition in either of the courts, a specific procedure needs to be followed:

• Firstly, the aggrieved party has to approach a particular organization with necessary documents like identity proof, residential proof, photographs etc.�
• Then there is the drafting of the petition with help of a lawyer. The draft includes the name and address of the aggrieved party along with the facts that lead to the violation of his/her fundamental rights.
• After this process, the draft of the petition is sent to the court.
• Then the date of hearing will be set and on this date the court accepts the petition and generates a notice to the other party. After this, a date is given to assure the presence of both the parties.
• Finally, after hearing both the parties, the court gives judgement and grants relief accordingly.[36]

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Format and Procedure for filling a Writ

The format of filing a writ petition has been given in the Hon�ble Supreme Court website[37] and you have to ensure that your application is exactly following the specified format in order to get registration successful in the aforesaid high courts.[38]


The aforesaid petition has to be filed along with following details:

1. Proof Affidavit by the petitioner
2. Index Page and All Annexure as specified
3. Court fee Rs. 500 per one petitioner (Crl petition not required any fees)
4. Any application like interim etc, cost Rs. 120/- per application
5. Application seeking permission to argue Rs. 120/- per appearance[39]

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7. Conclusion

The Constitution of our country is the supreme law of the land and provides its citizens with a variety of rights. Among these rights, the most significant ones are the Fundamental rights. These rights are essential for the growth and development of individuals, and they ensure that every citizen is treated equally and with dignity. However, despite the availability of such rights, there is always a possibility that they may be violated or infringed upon in some way. To protect these rights, the Constitution has provisions for individuals to file five different types of writs before a High Court or the Supreme Court. These writs are known as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. A Habeas Corpus writ is filed when a person is unlawfully detained or imprisoned, and the court orders the authorities to produce the detained person before the court to ensure that they are not being held illegally. A Mandamus writ is filed when a public official or authority is not fulfilling its legal duty or obligation, and the court orders them to do so. A Prohibition writ is filed to prohibit a lower court or tribunal from exceeding its jurisdiction and acting beyond its legal authority. A Certiorari writ is filed to quash the decision of a lower court or tribunal when it has acted beyond its jurisdiction or exceeded its legal authority. Finally, a Quo Warranto writ is filed to question the legal authority of a person holding a public office.

In conclusion, the Constitution provides its citizens with various rights, and the Fundamental rights are the most important among them. These rights can be safeguarded through the provisions of filing writs before the High Court and the Supreme Court, which are essential for protecting the rights and freedoms of every citizen.

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[1] The Constitution of India, art.32

[2] The Constitution of India, art.226

[3] Prachi Darji, �What is a Writ Petition? How do you file one in Court?� available at: https://www.myadvo.in/blog/how-to-file-writ-petition-in-court/ (Last visited on October 23, 2023)

[4] Supra note 3

[5] Byju�s, �Types of Writs � What are Writs? � Indian Polity Notes � available at: https://byjus.com/free-ias-prep/types-of-writs-in-india/ (last visited on October 23, 2023)

[6] Abhijeet Raj, �Writ Jurisdiction of Courts in india� available at: https://www.legalserviceindia.com/legal/article-10414-writ-jurisdiction-of-courts-in-india.html#:~:text=The%20only%20courts%20with%20the,it%20to%20the%20high%20courts. (last visited on October 23, 2023)

[7] Supra note 2

[8] Supra note 5

[9] Supra note 5

[10] Supra note 5

[11] Supra note 5

[12] Supra note 5

[13] AIR 1948 SCC 409

[14] Sristi Sinha, �Writ petitions in India and how to file them� available at: https://blog.ipleaders.in/writ-petitions-india-file/ (last visited on October 23, 2023)

[15] Supra note 5

[16] Supra note 5

[17] Supra note 14

[18] Supra note 5

[19] Supra note 5

[20] AIR 1995 SC 233

[21] Supra note 14

[22] Supra note 5

[23] Supra note 6

[24] Supra note 1

[25] �M Laxmikant, Indian Polity, p.26.6 (McGraw Hill Education, Chennai, Fifth edition, 2017)

[26] Supra note 25

[27] Supra note 2

[28] M Laxmikant, Indian Polity, p.34.5 (McGraw Hill Education, Chennai, Fifth edition, 2017)

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[29] Supra note 28

[30] L. Chandra Kumar v. Union of India, AIR 1997 SC 1125

[31] Supra note 28

[32] Dr. U. P. D. Kesari, Administrative Law, p.406 (Central Law Publications, Prayagraj, 23^rd edition, 2022)

[33] AIR 1941 SC 440

[34] Dr. U. P. D. Kesari, Administrative Law, p.407 (Central Law Publications, Prayagraj, 23^rd edition, 2022)

[35] AIR 1986 SC 756

[36] Supra note 14

[37] Format of writ petition, Available at: https://main.sci.gov.in/pdf/writ%20format.pdf�

[38] Vellingiri Ravikumar, �What is a Writ Petition? How can I file a Writ Petition in India�, available at: https://www.legalserviceindia.com/legal/article-6048-what-is-a-writ-petition-how-can-i-file-a-writ-petition-in-india-.html� (last visited on October 24, 2023)

[39] Supra note 38