The Indian Constitution grants its residents a number of rights. Fundamental Rights are among the most important freedoms for the moral and intellectual growth of Indian citizens. Such rights, as well as those to equity, independence, protection from corruption, and religious liberty, as well as rights to educational and cultural liberty and access to legal remedies, are outlined in Chapter 3 of the Indian Constitution. The Indian Constitution's Articles 32 and 226 offer remedies and the capacity to put into effect the rights listed in Chapter 3 in order to uphold these Fundamental Rights. That’s why writ has been introduced so it be easy to protect your rights with proper legal proceedings.
Let’s get into the topic and know more about writ and steps to file it.
What is Writ?
Generally speaking, a writ refers to a legally binding order. A writ can be regarded of as an authorized mandate granted by a court. A petition is a request filed with the court for the issuance of a certain writ. There are some types of writs available in legal terms.
When a person is being held against their will, Habeas Corpus writ may be utilised. The court issues this writ to order the person being held to appear in court so that the validity of his custody can be reviewed.
When someone failed to fulfil their official duties, Mandamus writ can be used. Usually, a public official receives a direction from the court ordering him to carry out his duties after he has neglected to do so.
Our next type of writ is Certiorari. In most cases, a higher court will issue one to a lesser court in order to either transfer the ongoing matter to a higher authority or to overturn the decision made.
Only judicial and quasi-judicial agencies are eligible for the writ of prohibition. As generally, governmental authorities as well as private persons are not subject to this writ.
Usually, a court will issue one in order to determine whether or not the person is legally allowed to hold the position in question. That is called Quo-warranto writ. It prohibits anybody from holding a public position without their will.
Who is eligible to file the writ?
Any Person can file the writ petition whose fundamental rights has been violated under the Chapter 3 of Indian Constitution.
Steps to file the writ
The High Courts or the Supreme Court may receive the writ petition for the alleged infringement of Fundamental Rights. A person may file a writ petition with the Supreme Court under Article 32 alleging that their basic rights have been violated.
To proceed with the writ, you should have basic documents like identity proofs, passport size photographs, address proof and many more.
In the next step, you can take help from a lawyer who will help you to draft the petition. The document contains the complainant's name and address as well as the events that led to the infringement of his or her Fundamental Rights.
After your draft will be sent to the court. In the next procedure, you will receive the date of hearing when court accept your petition.
When hearing will be completed, court will provide their judgement.
Checklist for Writ Petition
An affidavit with sworn
Detailed Annexures related to petition
Applicable fee of Rs 500 per petitioner
Brief Index
Clean Cover Page
An application form and you will be charged Rs 120 per application
Memo of appearance
An application for permission to be available in court, applicable fee of 120 rs.
Conclusion
We have a number of rights under our constitution. Fundamental Rights are among the most significant freedoms guaranteed by our constitution. These rights are crucial for personal growth, as the term implies. It is feasible to violate rights because they are available. Thus, we have five different forms of writs that can be filed before a High Court or the Supreme Court under Articles 226 and 32, respectively, in order to defend these rights. We have explained the type of writs and steps to file it. In order to get support or any kind of legal advice, you can always contact us on the below details.
Contact Number - +919714390222
Email Id – anilsrathore@gmail.com
Website - https://www.anilrathore.com
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