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Arpita Chauhan   17 April 2021

Writ petition

How do we file a writ petition under constitutional law?



Learning

 3 Replies

Dr J C Vashista (Advocate)     17 April 2021

Read Constitution of India, 1950 before seeking guidance from local senior lawyer.

sneha jaiswal   17 April 2021

Hello, Greetings of the day!

Writ Petition is a formal order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. It is issued for the enforcement of fundamental rights. Writ petition are filed under Article 226 in the High Court and under Article 32 of the Indian Constitution in the Supreme Court. Writ petition can be both criminal and civil depending upon the case. There are five writ petition types in the Indian constitution, which you can file either before the High Court or Supreme Court such as:

  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo Warranto

The stepwise procedure of filing a writ petition at both the High Court and Supreme Court are as follows:

Step 1: Drafting of Writ Petition 

Step 2: Then, file the petition at the filing counter in the court

Step 3: On the date of hearing, the court admits the petition and send a notice to the other party

Step 4: Then, date is given to assure the presence of both parties 

Step 5: After hearing, the court grants relief accordingly

 

Hope it helps

Regards,

Sneha Jaiswal

 

P. Venu (Advocate)     17 April 2021

What are the facts? What is the context?


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