Who Can File a Writ Petition under Article 32

Article 32 of the Constitution provides for five types of ordinances: In Manjula Manjori v. Director of Public Instruction, the publisher of a book, the Mandamus Ordinance had asked the Director of Public Instruction to include his book in the list of books approved as textbooks in schools. But the statement was not admitted because the matter was entirely at D.I.P`s discretion and he was not obliged to approve the book. The High Court may make a declaration of application for the enforcement of fundamental rights or for any other purpose, such as the breach of legal obligations by a legal authority. Thus, a complaint filed with a Supreme Court can also be filed against an individual. If a fundamental right has been violated, the matter may be referred to the Supreme Court or the High Court. The essential requirements of the application for an order of mandamus for the Court were described by the Supreme Court in MANI SHOBHREJ JAIN v. STATE OF HARYANA (1977(1) SCC 486)[2]. It is issued by the superior courts to a lower or subordinate court in order to refrain from doing something it should not do in accordance with the law. It is usually issued when lower courts exceed their jurisdiction. It may also be issued if the court acts outside its jurisdiction. And after the publication of the petition, the lower court is required to terminate the proceedings and must be issued before the lower court makes an order. Prohibition is a preventive measure.

The principle is: “Prevention is better than cure”. To file a written petition with one of the courts, a specific procedure must be followed: the Indian Constitution gives power to the Supreme Court where, in India, it issues petitions to enforce all the fundamental rights guaranteed by Article 32 of the Indian Constitution. “An order of mandamus is issued when a public servant fails to perform his or her official duties or something that is part of his or her official duty. The writ of mandamus is a question of grace, not a question of law. But it is at the discretion of the court to authorize the writ of mandamus. This means that if the court is of the opinion that the lower court or lower authority has not fulfilled its duty, the court can allow the declaration of Mandamus application,” says lawyer Ankit Sharma. The Supreme Court in UNIVERSITY OF MYSORE v. GOVIND RAO[6] sets out the requirements of the quo-warranto application, which are as follows: If a person is illegally holding public office, the writ of quo warranto applies. An application for a writ of habeas corpus may be filed by a detainee as well as by his friends or relatives. It is seen as a power that can force the court to turn to the officer who detained the prisoner. If the court considers that the official is acting outside its powers, it may order the release of the detainee.

Generally, the person who is an illegal detainee files a writ of habeas corpus. To initiate the written procedure for filing a habeas corpus petition, it may be submitted and issued against any specific authority or person. However, in some cases, the court may authorize other persons to bring a habeas corpus action on behalf of the detained person who is their friend or relative. Articles 32 and 226 of the Constitution of India, both of which contain separate but interdependent provisions concerning the jurisdiction of the Ordinance with the Supreme Court and the Supreme Court. The constitutional remedy against the violation of fundamental rights is the inclusion of Article 32. The remedy provided for in its article applies only to violations of fundamental rights. However, in some cases, the Supreme Court accepted a written request under section 32 that did not involve a violation of a fundamental right. In Aruna Shanbaug v. UOI, AIR 2011 SC 1290, the Supreme Court granted a written request under section 32 on the basis that the case concerned a question of law.

In D.C. Wadhwa v. Bihar State, AIR 1987 SC 579, the Supreme Court granted the section 32 application on the ground that it was the point of law relating to the interpretation of the Constitution of India. Recently, in its judgment of 13.11.2019 in the case of Shrimanth Balasaheb Patil vs. Hon`ble Speaker, Karnataka Legislative Assembly And Others, WP 992 of 2019, the Honourable Supreme Court considered the application for interim relief of 14 Karnataka MPs against the decision of the Karnataka Legislative Assembly, even though there had been no violation of fundamental rights. “If I were asked to name a particular article of this Constitution as the most important – an article without which this Constitution would be void – I could not refer to any other article than this. It is the soul of the Constitution and its heart, and I am pleased that Parliament has recognised its importance. The Constitution of India empowers the Supreme Court and the Supreme Court to make an application under various sections such as Articles 32 and 226. There are some differences in jurisdiction between the two courts.

These include: In general, a person who would be unlawfully detained is allowed to apply. However, in certain situations, any other person – a friend or relative – may file a habeas corpus application on behalf of the detained person. The motion simply requests that the detainee be brought before the court so that he can examine the situation and decide whether the defendant is being held legally or illegally. The possibility of the prisoner being kept out of contact with the outside world is another reason why the prisoner should refrain from filing a habeas corpus petition. Habeas corpus has certain restrictions. This is technically a procedural remedy. It offers protection against unlawful detention, but it does not always respect other rights, such as the right to a fair trial. A written petition may be submitted by any person whose fundamental rights mentioned in Part III of the Constitution of India have been violated. It is a protection against the violation of fundamental rights. In the Indian legal system, you can file or draft a written petition under Section 226 in the High Court and in the Supreme Court under Section 32 of the Indian Constitution. Articles 32 and 226 of the Constitution of India explain the process and meaning of the written petition. Or you can always consult an experienced lawyer to create a written petition for you.

You can also bring a criminal or civil action in the High Court or Supreme Court, as the case may be. If the High Court does not make a proper judgment, you can file the application for declaration with the Supreme Court. 4. Certiorari – this is a kind of healing scripture and means “to certify”. By this application, a higher court orders the lower court to remit a case pending before it to the higher court, either because it did not have jurisdiction to hear the case or because it erred in law. He may also ask the lower court to revoke his order. “If the lower courts, including courts, forums or a public authority (judges, commissions or other bailiffs) do something beyond their jurisdiction, the Supreme Court or Supreme Court prohibits them by pronouncing the ban,” says lawyer Ankit Sharma.