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Understanding Writs in Indian Law

The document outlines the provisions of Articles 32 and 226 of the Constitution, which empower individuals to seek writs for the infringement of their fundamental and legal rights. It details the five types of writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto—and the conditions under which writ petitions can be filed, particularly emphasizing the need for exceptional circumstances and the limitations regarding statutory remedies. Additionally, it discusses the drafting of writ petitions and the circumstances under which they may be entertained or dismissed.

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7 views10 pages

Understanding Writs in Indian Law

The document outlines the provisions of Articles 32 and 226 of the Constitution, which empower individuals to seek writs for the infringement of their fundamental and legal rights. It details the five types of writs—Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto—and the conditions under which writ petitions can be filed, particularly emphasizing the need for exceptional circumstances and the limitations regarding statutory remedies. Additionally, it discusses the drafting of writ petitions and the circumstances under which they may be entertained or dismissed.

Uploaded by

nandlahane82
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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WRITS UNDER

CONSTITUTION
ARTICLE 32 –EMPOWERS INDIVIDUALS TO APPROACH SUPREME COURT FOR
THE INFRINGEMENT OF THEIR FUNDAMENTAL RIGHT
ARTICLE 226- CONFERS SIMILAR POWER UPON THE HIGH COURTS.
• VIOLATION OF FUNDAMENTAL RIGHT
• VIOLATION OF A LEGAL RIGHT AS WELL.
KINDS OF WRITS:- FIVE TYPES

1. Habeas Corpus- Produce the body


eg:-Used to protect against unlawful detention.
2. Mandamus- Order or command to any person, corporation or any other
authority.
3. Prohibition- Issued by a higher authority to its subordinate authority in
order to stop something which the law prohibits.
4. Certiorari- Issued by higher court to review the actions of the lower court.
[Link]-Warranto- By what Authority
• WRITS WERE CALLED PREROGATIVE WRITS.
• NO LOCUS REQUIRED TO FILE THE WRIT.
• EXTRA ORDINARY JURISDICTION
• LIMITATION ACT DOES NOT APPLY
• WRITS ARE DISCRETIONARY JURISDICTION- EXTRA-ORDINARY REMEDIES
SUBJECT TO SELF-IMPOSED RESTRICTIONS.
DRAFTING WRIT PETITIONS

Before the Hon’ble High Court of Delhi/Supreme Court of India


Writ Petition
In the Matter:
AB ……… PETITIONER
Versus
XY ….RESPONDENT
Most Respectfully Showeth:
• 1. Writ filed seeking what relief.
• 2. About Petitioner.
• 3. Locus
• 4. Against Whom
• Brief Facts
• Grounds
• Prayer
DRAFTING WRIT PETITIONS AGAINST THE
ORDER OF INDUSTRIAL TRIBUNAL & DRT
The law is well-settled by the hon’ble Supreme Court that a writ petition should
not be entertained in respect of industrial disputes for which a statutory remedy is
available under the Industrial Disputes Act, 1947 Or Securitization and
Reconstruction of Financial Assets and Enforcement of Security Interest Act
/SARFAESI Act 2002.
When a right is created by a statute, which itself prescribes the remedy, this
particular statuary remedy shall be availed first before exercising the
discretionary remedy under Writ Jurisdiction.
These Acts- provides a complete machinery; so; the petitioner cannot be
permitted to abandon that machinery and invoke extra-ordinary jurisdiction.
• Writ Petition will be entertained, if;
• –It discloses “Exceptional Circumstances” and does not involve
disputed questions of fact;
• Writ Petition will not be entertained; if;
• It discloses “exceptional circumstances” but the facts are disputed;
• If does not disclose “exceptional circumstances”; irrespective of the
fact that it involves disputed question of fact or not;
• HAJARA VS GOVT. OF INDIA 2017 SCC ONLINE DEL7982 -exceptional
circumstances have been explained in.
• [Link] BRIDGE CORPORATION LTD. VS U.P. RAJYA SETU NIGAM
KARAMCHARI SANGH, 2004 –A writ shall not be entertained if the rights
and obligations sought to be enforced by any of the party are those
created by the ID Act.
• PTI EMPLOYEES UNION VS PRESS TRUST OF INDIA LTD. 2020 SCC ONLINE
DEL 1216- Exceptional circumstances have to be disclosed in the
synopsis and the opening paras.
• Writ may not be entertained if there is an effective alternate remedy
available to the aggrieved person.
• Section 18 provides appeal to the appellate tribunal:
• Exception to the rule of alternate remedy:

A. To protect the Fundamental Rights


B. Violation of Principle of Natural Justice.
C. The order or proceedings challenged were wholly out of jurisdiction
D. The vires of legislation is challenged.
THANK YOU!

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