Who can file a writ petition under Article 32?Asked by: Craig Baumbach | Last update: February 19, 2022
Score: 4.1/5 (41 votes)
Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed.
Who can file a petition under Article 32?
Under Article 32, a person can file a writ petition in the Supreme Court for the violation of his/her fundamental rights. 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.
Who can approach the Supreme Court under Article 32?
ARTICLE 32: THE 'HEART & SOUL' OF THE CONSTITUTION
If a person's fundamental rights are being violated – for instance because of illegal detention by the government – they (or someone on their behalf) can approach the Supreme Court for relief under Article 32.
Can a state file writ petition under Article 32?
However, the said instances are confined to the petition filed by the individuals or persons and not by the State itself. The jurisprudence behind Article 32 and Article 226 has always been “Writ petition by the people against State” and not “Writ Petition by the State against the People or against another State”.
Who can file habeas corpus petition?
So that a petition for writ of habeas corpus under Article 226 can of course be filed by the person in detention or custody, and it can also be filed, on his behalf, by a friend or relation for this reason that such a person is in a position to make an affidavit that the detenu himself is not able to move in the matter ...
FORMAT OF WRIT PETITION under Article 226of constitution of India #DraftingLaw #DragtingWrits
Who can issue the writs?
The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of fundamental rights and under Article 139 for enforcement of rights other than fundamental rights, while High Courts, the superior courts of the States, may issue writs under Articles 226.
Who use writ of amparo?
– The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.
When writ petition can be filed?
Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not.
What is Article 32 in Indian Constitution?
Article 32 falls under Part III of the Indian Constitution which includes the Fundamental Rights of the Indian citizens. It allows all the Indian citizens to move to the country's Apex Court in case of violation of Fundamental Rights.
What are difference between a writ petition under Article 32 and Article 226 of the Constitution?
Article 32 empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction. Article 226 empowers the High Court to issue a writ in its own local jurisdiction only. Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court.
Is Pil a writ petition?
A Public Interest Litigation (PIL) is a petition that can be filed by any member of the public for any matter of public interest, for redress of public wrong or injury. ... A Writ Petition may be filed by an aggrieved person(s) to seek legal remedies for violation of fundamental rights.
Can writ petition be filed directly in Supreme Court?
Under Article 32 of the Constitution of India any person can file a Writ Petition in the Supreme Court of India seeking to protect his/her fundamental rights, guaranteed by the Constitution of India. Any person can directly approach the Supreme Court of India only in the above mentioned situation.
Is PIL maintainable under Article 32?
Maintainability: After three-and-a-half decades of PIL, one basic legal point remains clear: because it is filed under Article 32 of the Constitution, a PIL is maintainable only if there is a violation of one or more of the fundamental rights guaranteed under Part III of the Constitution.
Can Article 32 be amended?
Amendments to Article 32
Such an amendment was made during the time of emergency when it was passed to reduce 'both directly and indirectly' the jurisdiction of the Supreme Court and the High Courts to review the application of fundamental rights.
Who can file a PIL?
Who can file it? Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.
Can NGO file writ petition?
Article 226 of the Constitution of India by the petitioner which is said to be an NGO being a trust registered under the Indian Trust Association, and therefore, petitioner NGO is not a juristic person. It is well settled law that writ petition filed by the unregistered association is not maintainable.
What remedies can be enforced under Article 32?
It states that the Supreme Court “shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part”.
What is the scope of Article 32?
Article 32 of the Indian Constitution is considered one the most important articles when it comes to the enforcement of the rights of an individual. It gives rights to an individual to seek justice in a court when they feel that their rights have been infringed or 'unduly deprived'.
What are the five writs available to people under Article 32?
Thus powers of High Courts conferred under Article 226 are wider as compared to powers conferred on the Supreme Court under Article 32 of the Constitution of India. Both the Articles 32 and 226 provide five types of writs namely writ of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Can writ petition be filed online?
Fill in the required details. If the petition is against any decision by a lower court, then click on the 'Lower Court' button. Similarly, click on every category and fill in the required information. ... Click on 'Petition with Other Document', if additional documents are to be submitted along with the petition.
Can a company file writ petition?
'19 Since a company gets recognized as a legal person even in different cases, Indian courts have granted certain fundamental rights that the company can enjoy, as we have seen in the above case scenarios. ... Therefore, the foundations of petitioning the courts are confined to certain provisions of the Constitution only.
Can writ petition be filed against an individual?
A writ petition can be filed by any individual in the Supreme Court when Fundamental Rights have been violated by the State whereas a writ petition can be filed in the High Court when Fundamental Rights or any other rights have been violated by the State.
Where can you file a petition for Writ of Amparo?
Where to File. – The petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts.
Who may file a writ of habeas data?
The clerk of court shall issue the writ under the seal of the court and cause it to be served within three (3) days from the issuance; or, in case of urgent necessity, the justice or judge may issue the writ under his or her own hand, and may deputize any officer or person serve it.
Is amparo writ constitutional?
On July 16, 2007, Philippine Chief Justice Reynato S. Puno and Justice Adolfo Azcuna officially declared the legal conception of the Philippine Writ of Amparo ("Recurso de Amparo"), at the historic Manila Hotel National Summit on Extrajudicial Killings and Enforced Disappearances.