Constitutional & writs

Writ practice, fundamental rights and constitutional challenge.

Questions advocates ask about Constitutional & writs

A writ petition goes to the Supreme Court under Article 32 or to a High Court under Article 226. The Supreme Court can be approached only for fundamental rights; a High Court can issue writs for fundamental rights and for any other purpose. Most writs fail on maintainability: the wrong respondent, an alternative remedy or delay.

What is the difference between Article 32 and Article 226?

Article 32 lets a person go directly to the Supreme Court to enforce a fundamental right, and the right to do so is itself a fundamental right. Article 226 lets a High Court issue writs, directions or orders to enforce fundamental rights and also for "any other purpose", which gives it wider scope, such as enforcing statutory rights. A High Court has discretion to refuse relief, and the Supreme Court has said that parties should ordinarily approach the High Court first.

Constitution of India, Articles 32 and 226

Which writs are available, and what does each do?

Habeas corpus requires a person detained to be produced before the court. Mandamus commands a public authority to perform a public duty. Prohibition stops a lower court or tribunal from exceeding its jurisdiction, and certiorari quashes an order it has already made without jurisdiction or in breach of natural justice. Quo warranto asks by what authority a person holds a public office.

Constitution of India, Articles 32 and 226

Against whom can a writ be filed?

Ordinarily against the State and its authorities, as defined in Article 12. A writ can also lie against a private body that performs a public function or discharges a public duty, in the case of mandamus, even where the body is not part of the State.

Constitution of India, Article 12; Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust v. V.R. Rudani, (1989) 2 SCC 691

Will a High Court refuse a writ if there is an alternative remedy?

Often, but the rule is one of discretion and not of jurisdiction. The Supreme Court has recognised exceptions where the writ is filed to enforce a fundamental right, where there has been a violation of the principles of natural justice, where the order was passed without jurisdiction, or where the vires of a statute is challenged.

Whirlpool Corporation v. Registrar of Trade Marks, (1998) 8 SCC 1

Who can file a public interest litigation?

A person acting in good faith on behalf of those who cannot approach the court themselves, because of poverty, disability or social disadvantage. Courts have relaxed the usual rule that only the person whose right is affected may sue. The Supreme Court has also warned against petitions filed for publicity or private interest, and has laid down guidelines to screen them.

S.P. Gupta v. Union of India, 1981 Supp SCC 87; State of Uttaranchal v. Balwant Singh Chaufal, (2010) 3 SCC 402

Prepared by The EduLaw Editorial Team on 2 November 2026. It has not yet been reviewed by a named advocate. Educational content, not legal advice; check the current text of each provision before relying on it.

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