Writ Petitions in High Courts and the Supreme Court

Chamber of Advocate Pranjal Rai, we specialize in filing writ petitions before the Hon'ble High Courts and the Supreme Court of India, providing strategic legal solutions to violations of fundamental rights and other matters that require urgent intervention by the judiciary. Our most competent team of lawyers takes every writ petition into consideration, drafting it precisely with all strong legal arguments and focused on effective redress for our clients.

Writ Petitions

A writ is a formal written order of a court directing an individual, organization, or government body to perform or refrain from performing a specific act. Under Articles 32 and 226 of the Constitution of India, the individual and the entity may approach either the Supreme Court, or the High Courts, for law enforcement of fundamental and statutory rights.

Any person whose rights have been violated as a result of intimidating administrative actions can approach the courts for redress from those violations. Articles 32 and 226 of the Indian Constitution authorize, respectively, the Supreme Court and High Courts to issue writs for the protection of fundamental rights. The writs include habeas corpus, mandamus, prohibition, certiorari, and quo warranto; these may be issued to save fundamental rights or for other grave reasons. The Supreme Court is the arbiter or guardian of fundamental rights of the citizens, exercises jurisdictional function in terms of writs as enshrined in Article 32 while for raising issues of justice and constitutional legitimacy, the High Courts are empowered under Article 226.

Common Scenarios for Filing Writ Petitions

Fundamental Rights Protected by the Constitution.

Illegal detention or unlawful arrest.

Non-performance of statutory duties by public officials or authorities.

Quash illegal orders or actions by lower courts or tribunals.

Challenging appointments or claims to public offices.

Types of Writs in India

Writs allow the citizens to protect their rights, have the accountability of the judiciary, and limit the scope of administrative and judicial powers within the law. High Court (per Article 226) and Supreme Court (per Article 32) both have the prerogative to issue such writs in order to protect fundamental rights and conform to law.

Habeas Corpus: This writ guarantees an individual his right to freedom, and thereby guards against illegal detention or imprisonment. If a person is unable to produce valid grounds for his detention, a court may issue a writ of habeas corpus, under which the prisoner is required to be brought before an official court of justice, for the purpose of justifying his detainment. The court order for immediate release is made if the detention is found to be illegal. This protects against arbitrary action by authorities.

Mandamus: This is derived from the word "command" in Latin. It compels a public official, authority, or lower court to perform a mandatory legal obligation that has not been carried out. Issued to compel compliance with the law and prevent the neglect of public duties.

Prohibition: This writ is preventive in nature and is issued by a higher court to a lower court or tribunal, preventing it from acting in excess of jurisdiction or beyond the scope of authority: this ensures that all judicial processes strictly adhere to defined legal limits.

Certiorari: This prerogative writ means that a superior court can review and quash decisions or orders of defined lower courts or tribunals when they exercise acts without jurisdiction, violate procedural laws, or commit errors of law. It keeps the scales of justice balanced by clearing errors committed in judicial or quasi-judicial processes.

Quo Warranto: Meaning of this writ is "by what authority" that questions the legality of a claim of a person to hold a public office. It is issued when a person occupies a position but does not meet the legal qualifications or is in violation of law and ensures that only qualified people hold public offices.

Writ Jurisdiction: High Courts vs. Supreme Court

High Courts: High Courts article 226 amplitudes the widest of writs to the high courts for the enforcement of both fundamental rights and legal rights. High courts exercise jurisdiction only over matters in their respective states.

Supreme Court: Article 32 provides only for the writ jurisdiction for the Enforcement of Fundamental Rights as a remedy against the infringement under the Constitution of India.

Noida based law firm named Chamber of Advocate Pranjal Rai

At the Chamber of Advocate Pranjal Rai, we are experts at handling writ petitions at all High Courts and at the Supreme Court of India, with superlative case results in complicated and high-stakes litigation. Our firm has a client-centric approach and scrupulous analysis in every matter to consider the best possible writ remedy. Our specialization is in drafting legal sound and persuasive writ petitions with authorities and statutory provisions, having an express impact in court. Trustworthy writ lawyers, communicate with clients as clearly as possible regarding the legal process, outcomes possible, and the journey to the justice they deserve. Contact our team of experienced constitutional lawyers today about filing writ petitions for expert assistance.