Updated: Jun 29, 2020
Who can file a writ petition?
1.Writ of Habeas Corpus
The person who is an illegal detainee files the writ of habeas corpus. One can file it and issue it against any public authority or particular individual. However, in some cases court allows other people to fill petition on behalf of the detained person.
2.Writ of Mandamus
Any person be it an individual or a private body can file for the court petition under writ for mandamus, as long as they have legal rights in the concerned matter.
3.Writ of Quo Warranto
-The person against whom the writ is filled must hold a position in public office.
-There must be a violation of law in holding the post.
-The office must be a substantive one and not merely the function or employment if a servant at the will and during the pleasure of another.
4.Writ of Prohibition
If there is misuse of jurisdiction it may be excess or absence. Then the person facing problem may file it.
5.Writ of Certiorari
-There needs to be a court, tribunal or an officer that have the legal authority to determine the question with a duty to act judicially.
- The court, tribunal or officer in question must have acted in excess of or in absence of or in excess of judiciary authority vested by law.
- The order passed could be against the principles of natural justice. Or it could contain an error of judgement in appreciating the facts of case.
How to file a writ?
The process to file a writ petition in high court and Supreme Court are quite the same. The process is simple, but it is important to establish a valid case and file the correct writ to the court to ensure justice.
Rough idea of the process is;
1. Draft a petition.
2. Petition when ready needs to be filled at filing counter of the court.
3. Date of the hearing will then be set.
4. Then on this date of hearing, the court decides whether it wants to accept the petition or reject it.
5. The court would issue a notice to other party regarding the same.
6. Then another date for the hearing will be fixed with both the parties present.
7. Finally, the court will consider all the details and facts of the petition.
8. Relief will be granted accordingly.
REQUIREMENTS FOR THE WRIT PETITION:
A. Synopsis and the index included in the file which should have a cover page.
B. The main Petition (Format on last page)
C. A writ petition should be accompanied with the following documents: -
a. Affidavit by petitioner
b. Annexures as referred in the petition
c. Court fee
d. Index (format on the next page)
e. Cover page
f. Any application if filed
g. Memo of appearance
h. Application seeking permission to appear and argue in person (in case of petition filed by petitioner-in-person), Court fee Rs.120/-
FORMAT OF THE PETITION:
IN THE SUPREME COURT OF INDIA
CIVIL WRIT PETITION NO._________ OF 2020
PETITION UNDER ARTICLE________OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF __________UNDER ARTICLE______OF THE CONSTITUTION OF INDIA.
HON’BLE CHIEF JUSTICE OF INDIA AND HIS LORDSHIP'S COMPANION JUSTICES OF THE SUPREME COURT OF INDIA. THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED.
MOST RESPECTFULLY SHOWN IN THE FOLLOWING:
1. Facts of the case: (whatever is the fact of the case, it needs to be stated in this section of the petition. The petition should be on point and should state every aspect of the case. No fact shall be left out.)
2. Question(s) of law: (A question of law involves the interpretation of principles that are potentially applicable to other cases.)
3. Grounds: (A petition should be maintainable)
That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.
In the light of the above arguments and premises, it is prayed that this Hon’ble Court may be pleased:
(iii) Or pass any such other orders as may be deemed necessary on the facts and in the circumstances if the case, by the court.