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Who can file a writ petition in India?
Generally, the person who is an illegal detainee files the writ of habeas corpus. To begin the writ process for filing a petition of Habeas Corpus, one can file it and issue it against any public authority or any particular individual.
Under Article 226 of the Constitution, the High Court has been given the power and jurisdiction to issue appropriate Writs in the nature of Mandamus, Certiorari, Prohibition, Quo-warranto and Habeas Corpus for the enforcement of Fundamental Rights or for any other purpose.
Who can use writ?
Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction. These documents are part of common law and are often issued after a judgment is made, giving those involved in a suit the ability to carry out the judgment.
Who can issue a writ in India?
The same article gives the Supreme Court power to issue writs for the enforcement of rights whereas the High Court has the same power under Article 226.
Who Cannot file a writ petition?
The writ of mandamus cannot be issued against the President of India and the Governor of State. Under Article 361 of the Indian Constitution, the President and the Governor of State do not have to answer any court for the performance of their official duties.
Which writ can be filed by any person?
A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.
Can writ be issued against a private person?
The Supreme Court has held that a writ petition can only be issued against a public authority but the writ of habeas corpus can be issued against a private body.
Who writes the writ?
The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of fundamental rights and under Article 139 for enforcement of rights other than fundamental rights, while High Courts, the superior courts of the States, may issue writs under Articles 226.
When can writ be refused?
However, a writ petition can be rejected due to many reasons such as- not filing in due time, no substantial question of law is involved or alternative remedies are there. One such case was decided by Mr. Devender Kumar Sikri (Chairperson), Mr. S. L. Bunker (Member), Mr.
Is there any limitation to file writ?
“There is no period of limitation prescribed by any law for filing the writ petition under Article 226 of the Constitution.