Writ is an authoritative document which orders the concerned authorities to act in a specified way. Articles 32 and 226 empower the Supreme Court of India and High Courts to issue writs respectively as per the Constitution of India. Whenever there is an infringement of fundamental rights provided under part III of the Constitution, a person may approach writ lawyers in India for restoration of such rights.
One has to approach the High Courts or the Supreme Court through writ advocates in India for enforcement of their fundamental rights guaranteed by the Indian Constitution. One may find writ lawyers associated with Vidhikarya on this page. Based on the nature of the case, the lawyers for issuing writ may suggest whether it will be a civil or criminal writ petition. Know more about the writ advocates hereunder. There are five kinds of writs in India as explained below.
When do I need Writ Lawyers in India?
When a question pops up as to when a person may need lawyers for issuing writ, knowing the kinds of writ may clarify the stand.
- Lawyers Writ of Mandamus - Application in the court of law to command/ force a public officer to enforce his/ her duties as recommended in the applicable laws.
- Writ Lawyers for Prohibition - When writ petition lawyers in India apply to the higher courts to prohibit the lower courts from exceeding their jurisdictional limits, it is called prohibition.
- Lawyers for Issuing Habeas Corpus - When a client is detained by the officials against the law, writ lawyers in India apply to the suitable court for assuring freedom.
- Writ Advocates for Certiorari - It is applied for by the concerned writ lawyers who wish to get the orders of the lower court quashed or be transferred to the higher courts for being beyond jurisdictional capacity.
- Quo Warranto Writ Lawyers in India - When a public office is said to be held by someone who is not qualified for the position, writ petition lawyers in India apply quo warranto.
FAQs for Writ Lawyers in India
Q- How do I apply for a writ?
A- A writ can be filed in the High Court under Article 226 of Indian Constitution and in the Supreme Court under Article 32. The provisions allow direct application in the High Court or Supreme Court in case of infringement of fundamental rights. Reaching out to the appropriate courts through lawyers is important for filing a writ petition.
Q- How do I file a writ petition for court?
A- One may contact expert writ advocates in India instead of doing the deed on his/ her own. Writing a writ petition needs in-depth knowledge of the Constitution of India, 1950, all the related case laws and then comes the task of joining forces with the facts of the matter along with the applicable laws. Someone like Supreme Court advocates with experience in writs can be of great help to bring the if facts also support in the favour of the parties involved. For filing purposes, appropriate court fees also need to be paid.
Q- What are the five types of writs?
A- The five types of writ petitions in India are as follows:
- Writ of Habeas Corpus
- Writ of Quo-Warranto
- Writ of Mandamus
- Writ of Certiorari
- Writ of Prohibition
Q- What is the lawyer's fee for issuing writ?
A- Just like any other legal professional practising in the courts, there is no fixed amount payable to the writ lawyers in India. However, the lawyers fee for issuing writ might depend more upon the tricky facts of the case, success rate and years of experience which the writ lawyer in India holds.
Q- Who can file Habeas Corpus?
A- Habeas-corpus is a Latin term which literally means ‘To have the body’. When someone is illegally detained by a government official like police, the court issues writ of habeas corpus ordering the officials to produce the person before the court. When exactly can a person apply for this can better be answered by the writ lawyers in India to have a much clear idea.