A writ petition is an application or petition filed by a petitioner in which he prays for a writ to be issued in order to address his problems. The term "writ" refers to a legal document that directs someone to do something, and a writ petition contains sworn claims or assertions in the form of an affidavit.

Writ Jurisdiction of Supreme Court and High Court

The Indian Constitution provides five types of writs: Habeas Corpus, Mandamus, Quo Warranto, Certiorari, and Prohibition. These writs can be used when a person's Fundamental Rights are violated. A writ petition can be filed in the Supreme Court under Article 32, and in the High Court under Article 226, depending on the jurisdiction. The Supreme Court has less power than the High Court to issue writs.

Article 32(1) guarantees the right to approach the Supreme Court for the enforcement of Fundamental Rights listed in Part III of the Indian Constitution. On the other hand, Article 226(1) allows the High Court to issue orders, directions, or writs to any person or authority, including the Government, within its jurisdiction. This is not limited to Fundamental Rights but also applies to other constitutional or legal rights.

Vertical or Horizontal Approach: Against whom Writ can be filed

According to Article 12, a state consists of the Indian government, parliament, legislature, and all local or other authorities that are located inside Indian territory or fall under the purview of the Indian government. In India, fundamental rights are often enforceable against the state, but they can sometimes occasionally be enforceable against an individual. The vertical application of rights was sufficient at first. The vertical application of rights means that they are used against the government, but this facility was insufficient because of the state's desertion and the private sector's increasing strength. In order to exercise its rights against an individual and take action against them under the sui generis doctrine, the court has used a horizontal approach. There are therefore two methods: vertical applications of rights and horizontal applications of rights. Vertical rights can only be used against government officials, whereas horizontal rights can be used against an individual.

Types of Writs

In India, there are 5 kinds of Writs, which are-

1. Habeas Corpus

The term “Habeas Corpus” means “to have a body of.” This writ is used to protect individuals who have been unlawfully detained or imprisoned. Through this writ, the Court orders the detained person to be brought before it to assess whether their detention is legal.

2. Mandamus

Mandamus translates to “we command”. This writ is issued by the Court to compel a public authority to perform its legal duties that it has either failed or refused to perform. It can be directed against public officials, government bodies, tribunals, or inferior courts.

3. Quo Warranto

Quo Warranto means “by what authority.” This writ requires a person holding a public office to demonstrate the legal authority under which they occupy that position. If the Court finds the individual’s claim to the office invalid, they can be removed. The writ is aimed at preventing unauthorized occupation of public offices but does not apply to private positions.

4. Certiorari

Certiorari means “to certify” and serves as a corrective writ. It is issued when a lower court or tribunal has acted beyond its authority or made a legal error. The Court can use this writ to either quash the erroneous decision or transfer the case to itself for review.

5. Prohibition

A writ of Prohibition is issued to stop lower courts, tribunals, or quasi-judicial authorities from proceeding with actions that exceed their jurisdiction. It ensures that such authorities do not violate rules of natural justice, Fundamental Rights, or act under laws that are ultra vires. Unlike mandamus, which directs activity, prohibition directs inactivity.

Who can file a writ and how to file it

Anyone whose fundamental rights have been violated by the state may submit a writ petition. Therefore, anyone who wants to defend their rights against the State may submit a writ petition. The petition may be filed before the Supreme Court of India under Article 32 or before a High Court under Article 226 of the Indian Constitution.

Difference between Writ jurisdiction of Supreme Court and High Court

The writ jurisdiction of the Supreme Court and High Courts has key differences. Under Article 32 of the Indian Constitution, writs can be filed in the Supreme Court, but only for enforcing Fundamental Rights, making its scope narrower. The Supreme Court cannot refuse to issue a writ under Article 32 since it is itself a Fundamental Right, though this right can be suspended during a national emergency declared by the President. On the other hand, writs can be filed in High Courts under Article 226, which has a broader scope as it covers both Fundamental Rights and other legal rights. High Courts have discretionary power to issue writs, meaning they can refuse to issue them. Unlike Article 32, Article 226 continues to apply even during a state emergency.

Conclusion

To sum up, writs are crucial constitutional remedies intended to uphold justice and safeguard individual rights. They must be used responsibly and with caution, though. The judiciary is overburdened and the value of these potent legal instruments is diminished when writ petitions are filed in pointless or insignificant cases.