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Enforcing the rights guaranteed by Part III of the Constitution.
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The remedy is a writ petition before the High Court under Article 226, or the Supreme Court under Article 32. It moves faster than a civil suit because it is decided on affidavits rather than oral evidence, but it is available only where a legal or fundamental right has been infringed — not for every grievance against a government office.
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Bringing these to the first consultation saves a hearing later.
Every matter differs, but most follow roughly this sequence.
Courts usually ask whether you approached the departmental authority first. A representation made and rejected materially strengthens the petition.
The grounds must identify the legal right infringed and the specific illegality. A writ is not an appeal on the merits of the decision.
The court hears the petition for admission, issues notice, and may stay the impugned order in the meantime.
Counter-affidavit, rejoinder and arguments, followed by judgment. An appeal lies to a Division Bench and then to the Supreme Court.
More specific matters handled under Constitutional Law.
Challenging arbitrary state action before the High Court.
Petitions on behalf of a class that cannot approach the court itself.
Promotion, seniority, pension and discipline in government service.
Election petitions and challenges to the electoral process.
Producing a person held in unlawful custody before the court.
Testing the legality of a statute, rule or executive decision.
Article 32 lies only to the Supreme Court and only for enforcement of fundamental rights; it is itself a fundamental right. Article 226 lies to the High Court and is wider — it covers fundamental rights and “any other purpose”, meaning ordinary legal rights too. Most matters therefore begin under Article 226.
Any public-spirited person, even one not personally affected, provided the matter concerns a class that cannot approach the court itself. Courts have become strict about motive — a PIL used to settle a private score attracts costs.
No statutory limitation applies, but the court will refuse relief on the ground of delay and laches. As a working rule, move within the limitation that would apply to a suit on the same cause, and be ready to explain any delay.
Generally no. But a writ does lie against a private body performing a public function, or one substantially controlled or funded by the state — private aided institutions and certain statutory bodies, for example.