Writ petitions

Part III of the Indian constitution provides different rights to its citizen including the right to equality, right to freedom, right to freedom of religion etc. but is providing the rights re enough they must have been protected. To protect these rights provides us with Article 32 and Article 226 to provide remedies and enforcement of rights. In order to provide remedies, a court issues an order called writ after the petition called writ petition is filed before the court.

There are five types of writs that can be used by an Indian citizen
Habeas Corpus
The term Habeas Corpus means ‘you may have the body of’. This writ is used when a person is illegally detained by any authority and the court directs the authority to present the detained person before the court. It can be filled under the following circumstance

  •  When a person is detained but is not produced before the magistrate within 24 hours of arrest, excluding the time consumed in travelling.
  •  When a person is arrested even when he has not violated any law.
  •  When a person is arrested with a malafide intention.

In Sunil Batra vs Delhi Administration, 1980, the court stays that he has the power and responsibility to protect the prisoners against crude behaviour and can use this writ to enforce imprison humanism. In this case, the Supreme Court expanded the scope of habeas corpus to the prisoners against inhumane treatment by the jail authorities.

The term Mandamus means ‘we command’. This writ could be issued against a public servant asking him to perform his duty when he fails to do so. It cannot be issued against the President of India and Governor of India under Article 361, it cannot be issued against judges of the High court and Supreme Court and against any private individual and private organisation.

The term certiorari means ‘certified or to be informed’. It is issued by the higher court to the lower court to review the judgement pass or transfer the case to a higher authority. In 1991, the Supreme Court ruled that the writ of certiorari can also be issued against administrative authorities if their judgements are violating the rights of an individual.

The term prohibition means ‘to forbid’. This writ can be issued against the lower court by a superior court to forbid any act performed outside his jurisdiction at any stage of the proceeding. It is not available against administrative authorities and private individuals.

The term quo-warranto means ‘by what authority or by what warrant’. It is issued by the court to enquire about the legality of any public office holder. It cannot be issued against the chief minister and minister of state.

Any person whose individual rights are violated can file a writ petition and in the case of Habeas Corpus, it is filed by the person who is detained or any of his family or friend. Under Article 32 person can directly go to Supreme Court if his rights are violated or a person could go to High Court under Article 226 without any delay. In Rajmata Vijai Raje Scindia vs State of Uttar Pradesh, 1986, the court held that there is no specific time limit to file a writ petition but it is expected to be filed as soon as possible if possibly there is a delay, the court ask for a valid justification.

Our constitution provides us with various rights so that we could live our life as lively as we want and in whatever manner we want and all these rights are well protected by the judicial system of our country. So, in any condition other than an emergency when the rights are in danger we can approach the court as it is the supreme protector of our rights.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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