Writ petition format under Article 226 and Article 32
A writ petition asks a constitutional court to enforce fundamental rights or legal rights against the State or a public authority. High Courts hear writs under Article 226 (for fundamental and other legal rights); the Supreme Court hears them under Article 32 (fundamental rights only). The five writs are habeas corpus, mandamus, certiorari, prohibition and quo warranto.
Key points
- Article 226: High Courts, for fundamental and other legal rights.
- Article 32: Supreme Court, for fundamental rights.
- Courts usually decline writs where an effective alternative remedy exists, except for violation of fundamental rights, breach of natural justice or orders without jurisdiction.
- Delay and laches can defeat a writ petition.
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Writ jurisdiction of High Courts | Article 226 Constitution of India | — |
| Writ jurisdiction of the Supreme Court | Article 32 Constitution of India | — |
Which court or authority
The High Court within whose territory the cause of action arose, or the Supreme Court.
What the document should contain
- Synopsis and list of dates
- Parties (the State or authority as respondent)
- Facts, questions of law and grounds
- Averment on alternative remedy and delay
- Prayer for the specific writ and interim relief
- Affidavit and annexures
Documents to attach
- The impugned order or action
- Representations made and replies
- Relevant rules, notifications and correspondence
Procedure
- Prepare the paper book as per High Court rules
- File; mention for urgent listing if needed
- Notice, counter-affidavit, rejoinder, hearing
Common mistakes
- Not explaining why the alternative remedy is not efficacious
- Wrong or missing necessary parties
Frequently asked questions
What is the difference between Article 32 and Article 226?
Article 32 lets the Supreme Court enforce fundamental rights only; Article 226 lets High Courts enforce fundamental rights and other legal rights, so its scope is wider.