How do we file a writ petition under constitutional law?
Dr J C Vashista (Advocate) 17 April 2021
Read Constitution of India, 1950 before seeking guidance from local senior lawyer.
sneha jaiswal 17 April 2021
Hello, Greetings of the day!
Writ Petition is a formal order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. It is issued for the enforcement of fundamental rights. Writ petition are filed under Article 226 in the High Court and under Article 32 of the Indian Constitution in the Supreme Court. Writ petition can be both criminal and civil depending upon the case. There are five writ petition types in the Indian constitution, which you can file either before the High Court or Supreme Court such as:
The stepwise procedure of filing a writ petition at both the High Court and Supreme Court are as follows:
Step 1: Drafting of Writ Petition
Step 2: Then, file the petition at the filing counter in the court
Step 3: On the date of hearing, the court admits the petition and send a notice to the other party
Step 4: Then, date is given to assure the presence of both parties
Step 5: After hearing, the court grants relief accordingly
Hope it helps
Regards,
Sneha Jaiswal
P. Venu (Advocate) 17 April 2021
What are the facts? What is the context?