Writ Petition (Civil)
Legal Basis
A Writ Petition (Civil) is filed under Article 32 (before the Supreme Court) or Article 226 (before the High Court) of the Constitution of India when a person’s fundamental or legal rights are violated by the State, government authorities, or public bodies.
When It Can Be Filed
A Writ Petition (Civil) may be filed:
- For violation of Fundamental Rights (Article 32 before the Supreme Court).
- For violation of legal or constitutional rights (Article 226 before the High Court).
- Against illegal, arbitrary, or unjust actions of the State or its authorities.
- Against administrative, executive, or quasi-judicial orders.
Types of Civil Writs
- Habeas Corpus — to produce a person unlawfully detained.
- Mandamus — to direct a public authority to perform its duty.
- Prohibition — to prohibit a lower court or authority from exceeding its jurisdiction.
- Certiorari — to quash an order of a lower court or tribunal.
- Quo Warranto — to challenge the authority of a person holding a public office.
Who Can File
- Any citizen or legal person whose rights are infringed.
- In public interest, a Public Interest Litigation (PIL) can be filed by any concerned person.
Jurisdiction
- Supreme Court: Under Article 32 — only for violation of Fundamental Rights.
- High Court: Under Article 226 — for both Fundamental and Legal Rights violations.
