Key points
- Article 226 lets the High Court issue writs to any authority within its territory, or where the cause of action arises there, for enforcement of fundamental rights or any other legal right.
- The petition must show that the respondent is a State or public authority, or performs a public function.
- Delay, an available alternative remedy and disputed questions of fact are the usual reasons a writ is refused.
Step by step
- Identify the impugned action and the right
Pin down the specific order, decision, inaction or rule you challenge and the legal or fundamental right it violates. A writ is not a general complaint. - Check the alternative remedy
If a statute provides an appeal or tribunal, the High Court usually expects it to be used first, unless the action is without jurisdiction, violates natural justice or challenges the vires of the law. - Draft the petition
Set out the parties, the facts in chronological order, the grounds of challenge (each as a separate lettered paragraph), the prayer for relief, and an interim prayer if urgent, supported by an affidavit and annexures. - File and list
File electronically through the Delhi High Court e-filing portal with the prescribed court fee. Fresh matters are listed within a few days; urgent mentioning is possible. - First hearing
The court either issues notice to the respondents, with or without interim relief, or dismisses the petition. Respondents file counter-affidavits, the petitioner a rejoinder, and the matter is heard.
The five writs
Habeas corpus (produce the detained person), mandamus (direct an authority to perform a public duty), certiorari (quash an order made without jurisdiction or in breach of natural justice), prohibition (stop a proceeding beyond jurisdiction) and quo warranto (challenge the holder of a public office). Most petitions seek certiorari and mandamus together: quash the order and direct the authority to decide afresh.
Who can be a respondent
The Union of India, the Government of NCT of Delhi, statutory bodies such as the DDA and the Municipal Corporation of Delhi, public sector undertakings, universities and any body performing a public function. Purely private parties cannot be sued in writ jurisdiction, except where they discharge a public duty.
Interim relief
Where the harm is immediate, for example demolition, dispossession, termination or a coercive recovery, the petition should include an application for stay. The court considers a prima facie case, balance of convenience and irreparable injury, as in a civil injunction.
Frequently asked questions
What is the difference between Article 32 and Article 226?
Article 32 is the right to move the Supreme Court for enforcement of fundamental rights only. Article 226 gives the High Court a wider power, covering fundamental rights and any other legal right.
Is there a court fee on a writ petition in Delhi?
Yes, a fixed fee under the Court Fees Act as applicable to Delhi, which is modest compared with ad valorem fees on civil suits.
Related practice area: Constitutional Law & Writ Petitions
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.