Writ Petition Under Article 226

A writ petition is a formal legal document filed in a court of law to ask for authority to take action against someone who is violating someone’s fundamental rights. Articles 226 and 32 of the Indian Constitution, which guarantee equality in all aspects, guarantee this fundamental right. When the state or any of its agents violate a person’s fundamental rights, a writ petition is filed. It’s a way to make sure the government stands by and protects the rights of its people.

Types of writs available under Article 226

These are 5 different types of writs under Article 226:

• Certiorari
• Prohibition
• Quo warranto
• Habeas corpus
• Mandamus

The Indian Constitution’s Article 32 allows anyone to petition the Supreme Court for the correct application of the rights granted by Part 3 of the Indian Constitution.

Habeas Corpus

The phrase is Latin for “you have the body.” It is given to present a person to the court who has been imprisoned without authorization. The court created a new norm to defend an aggrieved party’s fundamental right in the Rudel Shah v. State of Bihar case. In the event of an unauthorized detention, the state was ordered by the court to provide compensation to the person.

Mandamus

Mandamus is a Latin phrase that translates to “we command.” It is given in order to force a governmental authority to carry out its mandate. Another name for it is the prerogative writ. The court concluded that if a private person owes a public obligation, mandamus may be issued against them in the Sohanlal v. Union of India case.

Quo Warranto

Quo Warranto is a Latin phrase that translates to “by what authority.” It is given out to find out if a person holding public office is legitimate. The court concluded in the Jamalpur Arya Samaj v. DR. D Ram case that the High Court has the authority to grant quo warrantos, but that these orders cannot be issued against private offices.

Certiorari

The Latin word “certiorari” means “to be certified.” It is given to overturn a lower court’s or tribunal’s orders that go beyond their authority. In the case of Rajasthan State Electricity Board v. Mohanlal, the court determined that the nation’s highest court and the High Court might use their judicial review authority to maintain the boundaries of lower courts.

Prohibition

The Latin word for prohibition means “to forbid.” It is granted to stop a lower court or tribunal from going beyond its authority. The court concluded in the State of Karnataka v. Union of India case that the High Court and the Supreme Court have the authority to impose prohibitions.

Article 226 gives High Courts the power to issue writs to carry out the implementation of Fundamental Rights. Articles 226 along with Article 32 of the Indian Constitution provide all Indian citizens the right to constitutional remedies, which include equal protection under the law and equality before the law. The high court may issue writs against different organizations under Article 226. A popular approach to use this power is to file a Writ Petition with the Indian High Courts and Supreme Court. In this article, we will look into the basics of the right to constitutional remedies, and types of writ petition, and discuss some of the most important cases in its history.