Writ Petition: Principles of Procedure

Writ Petition: Principles of Procedure

48. Normally the filing of a writ petition invoking Article 32 of the Constitution before the Supreme Court or Article 226 before the High Court is resorted to seeking an extraordinary remedy. The prerogative powers of the High Court are not exercised for enforcement of private rights of the parties but are for the purpose of ensuring that public authorities act within the limits of law. Writ remedy is thus not a private law remedy except writ of habeas corpus. Thus, writ petition would lie against the State including local authorities and other authorities as defined under Article 12 of the Constitution which is an inclusive 109 definition which takes within its scope and ambit all statutory bodies instrumentalities and authorities or persons charged with, or expected to exercise, public functions or discharge public duties. A writ petition may be instituted for the enforcement of any fundamental rights guaranteed by Part III of the Constitution under Article 32 before the Supreme Court but under Article 226 of the Constitution, the jurisdiction of the High Courts is wider than the jurisdiction of the Supreme Court inasmuch as the said Article may be invoked for enforcement of fundamental rights as also “for any other purpose”.