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Pravesh DabasAdvocate Delhi, India

01 · Litigation & Disputes

Constitutional Law & Writ Petitions

Writ petitions are applications to a High Court or the Supreme Court to enforce fundamental and other legal rights against the State and public authorities.

Writ petitions ask a High Court or the Supreme Court to enforce rights against public authorities.

What this covers

  1. 01Challenges to orders and actions of government departments and public bodies
  2. 02Enforcement of fundamental rights
  3. 03Service and recruitment matters against public employers
  4. 04Challenges to the validity of laws, rules and notifications
  5. 05Public-law remedies against statutory authorities

How it generally works

Article 226 of the Constitution allows a High Court to issue writs — habeas corpus, mandamus, certiorari, prohibition and quo warranto — for the enforcement of fundamental rights and for any other purpose. Article 32 allows direct petitions to the Supreme Court for the enforcement of fundamental rights.

Writ jurisdiction is discretionary. Courts generally expect a petitioner to have used any effective alternative remedy first, and to approach the court without unreasonable delay.

Typical grounds include action taken without legal authority, breach of the principles of natural justice, arbitrariness and violation of fundamental rights.