How to file writ petition before Hon'ble High Court / Supreme Court

anang shandilya | Last updated: 26 September 2022

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Quick Summary

If your fundamental rights have been violated, you can file a writ petition in either the High Courts or the Supreme Court of India. The process involves approaching a legal organisation with your documents, having a lawyer draft the petition detailing the violation, and submitting it to the court. Following this, a hearing date will be set, and after hearing both sides, the court will issue a judgment.

PROCEDURE FOR FILING WRIT PETITION BEFORE HIGH COURT / SUPREME COURT

The writ petition, for the violation of fundamental rights, can be filed either in the High Courts or in the Supreme Court. Under Article 32, a person can file a writ petition in the Supreme Court for the violation of his/her fundamental rights.

File a Writ Petition: High Court and Supreme Court Guide

Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights. It should be noted that the authority against whom the writ petition is filed has to be present within the territory of India, otherwise, the petition has no value.

When a person’s fundamental rights are infringed, he can move to either of the courts. It is not necessary to first move to the High Court and then to the Supreme Court.

To file a writ petition in either of the courts, a specific procedure needs to be followed:

The aggrieved party has to approach a particular organization with necessary documents like identity proof, residential proof, photographs etc.
Then there is the drafting of the petition with help of a lawyer. The draft includes the name and address of the aggrieved party along with the facts that lead to the violation of his/her fundamental rights.
After this process, the draft of the petition is sent to the court.
Then the date of hearing will be set and on this date the court accepts the petition and generates a notice to the other party. After this, a date is given to assure the presence of both the parties.
Finally, after hearing both the parties, the court gives judgement and grants relief accordingly.

FAQ :

You can file a writ petition in either the High Courts or the Supreme Court of India if your fundamental rights have been violated.

Under Article 32 of the Indian Constitution, you can file a writ petition in the Supreme Court for the violation of your fundamental rights.

Under Article 226 of the Indian Constitution, you can file a writ petition in the High Courts when there is a violation of your fundamental rights.

No, it is not necessary to first move to the High Court and then to the Supreme Court. You can directly approach either court if your fundamental rights are infringed.

The draft of the petition needs to include the name and address of the aggrieved party along with the facts that led to the violation of their fundamental rights.

After the petition is filed, a date for hearing will be set. The court will then issue a notice to the other party, and a subsequent date will be given to ensure both parties are present before the court delivers its judgment.