In this article, we will look further into the different types of writs. We will also discuss with a sample format for submitting a writ petition. Yuva Sena, the youth wing of the Shiv Sena has filed a writ petition in the Supreme Court on 16th July against UGC’s decision to conduct the final-year exams.
The Indian constitution empowers the apex court that is the Supreme Court of India and the High Courts to issue writs. Thus, writs can also be said as the order from the superior courts to lower courts, authorities or organizations. Article 32 and 226 of the Indian Constitution; deal with the concept of writs. The act of systematic and/or continued unwanted and annoying actions of one party or a group, including threats and demands. The purposes may vary, including racial prejudice, personal malice, an attempt to force someone to quit a job or grant sexual favors, apply illegal pressure to collect a bill or merely gain sadistic pleasure from making someone anxious or fearful. Such activities may be the basis for a lawsuit if due to discrimination based on race or sex, a violation on the statutory limitations on collection agencies, involve revenge by an ex-spouse, or be shown to be a form of blackmail.
Q1. How do I file a writ petition in the High Court and the Supreme Court?
The order passed by the court, tribunal or officer must be without jurisdiction or in excess of the judicial authority vested by law in such court, tribunal or officer. Basically, a person whose fundamental rights have been injured can file a writ petition. He may move either the Supreme Court under Article 32 or an appropriate High Court under Article 226. He will have to move the High Court https://1investing.in/ which is having jurisdiction if, his grievance is that a right other than a fundamental right is violated. The crime of a driver of a vehicle who is involved in a collision with another vehicle, property or human being, who knowingly fails to stop to give his/her name, license number and other information as required by statute to the injured party, a witness or law enforcement officers.
The court, tribunal or an officer should be having legal authority to determine the question with a duty to act judicially. The word Quo-Warranto literally means “by what warrants?” or “what is your authority”? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled. If a person has usurped a public office, the Court may direct him not to carry out any activities in the office or may announce the office to be vacant.
More General Knowledge Questions
The writ of certiorari will be issued when a case has been already adjudicated upon, i.e. when the decision has been announced. The writ of prohibition can only be filed by the aggrieved individual. Technically an “adverse witness” in a trial who is found by the judge to be hostile to the position of the party whose attorney is questioning the witness, even though the attorney called the witness to testify on behalf of his/her client.
- Termination of pregnancies is a time sensitive matter, and delays in decision-making by the Medical Board may result in further complications for the pregnant woman.
- Constitution of India is the supreme law of the land which lays down rules and regulations for the protection of the rights of the people and imposed duties over them.
- It does not lie to remove merely ministerial act or to remove or cancel executive administrative acts.
- Writ of certiorari can be applied in situations where a court, on passing an order, has gone beyond their jurisdiction in doing so, fraud or error on the face of records.
- It can be basically summed up as a writ is issued to a public official to do a duty that he has failed to do so far.
The several facets of a case can be quite complex and navigating the Indian legal system can be complicated for a layman. This is why seeking the counsel of a good property or real-estate lawyer can help prevent unfair verdicts where you may actually have a strong case. Moreover, getting all the documentation correct with the help of a lawyer helps minimize the chances of refusal at the court where you are requesting a stay order. Finally, having an experienced lawyer by your side who has dealt with such cases in the past helps you avoid any common mistakes.
Writ of Prohibition in other countries
The Yuva Sena contends that the current condition in India which is only deteriorating owing to the Covid-19 crisis is not conducive to conduct examinations. Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed. It is important to note that the right to approach the Supreme Court in case of a violation of a Fundamental Right is in itself a Fundamental Right since it is contained in Part III of the Constitution. When a subordinate court acts in violation of principles of natural justice where there is no procedure specified.
It may be argued that such matters should be specified by Parliament and not delegated to the government. The Bill sets up state level Medical Boards to decide if a pregnancy may be terminated after 24 weeks in cases of substantial foetal abnormalities. ‘Composed Direction of the King’ which serve to notify the village tenants regarding the new directions for the land revenue.
It is issued to the person who holds the public office and on what authority it is entitled to him. The concerned person is responsible to the court to explain his authority on which he holds the authority. The person who files this writ is need not to be personally suffered. If your fundamental rights are violated, then you can file a writ. Generally, one shall file a writ petition against any of state and government agencies. However, one can also issue a writ against private authorities when proven to be discharging public functions.
Limitations for Mandamus:
This case is also known as the habeas corpus case and it was based upon the grounds of issuance and the viability aspect of this writ. This whole case spins around the situation when the emergency was proclaimed and the question was raised whether the writ of habeas corpus is maintainable in this situation or not. This decision was considered to be the darkest day of Indian history. If the defendant gives lawful justification for the detention or confinement the writ of habeas corpus may not be issued by the court. However, in case of an alternative remedy, the applicant still has the right of issuing the writ of habeas corpus. It is not refused on the grounds of availability of the alternative remedy to the applicant.
Habeas Corpus ensures that the arrested not to be kept in unlawful detention i.e., detention that lacks sufficient cause or evidence. The remedy can be sought both by the person arrested or the person coming to the prisoner’s aid. It is an English originated system that was later adopted by many nations. It is historically proved to be an important legal instrument that safeguards an individual’s freedom against arbitrary state action.
The High Court of Patna refused to issue the writ of Quo Warranto because it was not a public office. A writ petition seeking mandamus must be filed by a person in good faith and who has an interest in the performance of the duty by the public authority. The person seeking mandamus must have a legal right to do so and also must have demanded the performance of the duty and it is refused by the authority. A writ petition can be termed as a formal written order issued by a judicial authority who possesses the authority to do so. The meaning of the word ‘Writs’ means command in writing in the name of the Court.
The writ of Habeas corpus cum causa is an order calling upon the person who has detained another person, to present the person in the court and justify his actions that on what grounds and under what authority he has confined that person. If the court doesn’t find any legal justifications for the cause, then it will order for the immediate release of the person confined or imprisoned. One can issue this writ of mandamus against any administrative authority, judicial or quasi-judicial. The Indian Constitution grants the Supreme Court the power to issues Writ Petitions.
In the case Purushottam Lal vs State of Rajasthan quo warranto was filed against the CM of Rajasthan stating that CM was not elected validly to the house. The court rejects the petition stating that if the CM holds office without authority, then it is breach of constitutional provision. The office of Chief Minister is created by constitution, so member of assembly is not a purpose of office. Raising the questions on the Election of Chief Minister in this writ is not a proper form it must be raised through an election petition. The court issues the writ of Quo warranto to investigate the legality person’s or authority’s claim.
It may be argued that the categories of women who may terminate a pregnancy between 20 and 24 weeks should be specified by Parliament and not delegated to the government. According to a study, about 67% of the countries in the world require authorisations by at least one health care provider which writ deals with the act of stopping something to undergo an abortion.The World Health Organisation does not specify any maximum time limit after which a pregnancy should not be terminated. The Bill does not specify the categories of women who may terminate pregnancies between weeks and leaves it to be prescribed through Rules.