Writ Petition | Types of Writs | Article 32 | Article 226 | रिट याचिका | रिट के प्रकार

In this video, the Writ Petitions have been explained by Shagun Sharma, law student, from Century Law Firm, Delhi in Hindi

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Indian Constitution | Habeas Corpus | Mandamus | Prohibition | Certiorari | Quo-Warranto | Writ Petition | Types of Writs | Article 32 | Article 226 | रिट याचिका | रिट के प्रकार


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A writ petition is a legal action that is taken to seek relief from the courts when there is a violation of fundamental rights. The Constitution of India provides for the availability of writs for the protection of such rights. The writ jurisdiction of the courts is provided under Article 32 of the Indian Constitution, which empowers the Supreme Court to issue writs. Article 226 provides for the writ jurisdiction of High Courts in India.

There are five types of writs available under the Constitution of India:

Habeas Corpus: This writ is used to seek the release of a person who has been detained illegally. It is issued to ensure that the person is brought before the court, and the legality of the detention is examined.

Mandamus: This writ is used to compel a public official or a government authority to perform a duty that they are legally bound to perform.

Prohibition: This writ is used to stop a lower court or a tribunal from exceeding its jurisdiction.

Certiorari: This writ is used to quash an order or a decision of a lower court or a tribunal.

Quo Warranto: This writ is used to question the authority of a person holding public office.

A writ petition can be filed by any person who feels that his/her fundamental rights have been violated. The writ petition is filed before the High Court under Article 226 or before the Supreme Court under Article 32 of the Constitution. The petition must clearly state the violation of the fundamental right, the respondent against whom the petition is filed, and the relief sought.

The writ petition is heard by a single judge or a bench of judges, depending on the complexity of the case. The court may issue a notice to the respondent, who must file a response to the petition. The court may also direct the parties to appear before it to present their arguments.

If the court is satisfied that there has been a violation of fundamental rights, it may issue appropriate orders or directions to the respondent to remedy the situation. The orders may include directions to release a person who has been detained illegally, to perform a duty that has been neglected, to quash an order or a decision, or to question the authority of a person holding public office.

In conclusion, writ petitions are an important mechanism to protect fundamental rights in India. The different types of writs available under the Constitution provide for a range of remedies that can be sought from the courts. The writ jurisdiction of the courts is an important check on the powers of the government and other public authorities.


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