Writ Litigation: Defending Your Fundamental Rights

About Writ Litigation

Writ Litigation means legal action that starts when a writ is issued. A writ is a judicial order commanding any person or legal entity to perform or not perform some particular act. In ordinary civil suits, it is the opposite way: the plaintiff files a complaint, and the defendant files an answer.

Writs are extraordinary remedies issued in those situations where ordinary legal processes would not suffice or when there is an urgent need for action. They are issued by a superior court, usually a High Court, and may be invoked under restricted circumstances. Some of the most commonly used types of writs are:

• Writ of Habeas Corpus: This writ is issued to challenge the illegal detention of a person. It compels the detaining authority to produce the person before the court and justify their detention.
• Writ of Mandamus: This writ orders a public official or a lower court to perform a mandatory duty that they are legally obligated to perform.
• Writ of Certiorari: This type of writ seeks judicial review from a lower court’s decision. It gives an upper court permission to review what the lower courts have done so that it determines whether there is any error or mistake of law.
• Writ of Prohibition: This prohibition writ prohibits any lower court and public official from exceeding their powers and jurisdictional limits.
• Writ of Quo Warranto: This writ is applied to challenge the legality of a person’s claim to a public office.
  Writ litigation is a specialized field of law involving intricate legal procedures and strict timelines. Attorneys specializing in writ litigation must possess a deep understanding of constitutional law, administrative law, and procedural law.
• Writ petitions are usually strictly procedure-bound, and courts subject them to great scrutiny. The grounds must be established for the issue of a writ, and the petitioner must show clearly that he has a clear legal right to relief. Writs are not granted lightly because of their extraordinary nature and are generally given only in exceptional circumstances.
• Writ litigation is extremely important for protection of individual rights and also to ensure the proper functioning of the judicial system. It offers ways to challenge unlawful actions and seek redress for violations of legal rights.