WORKSHOP ON

PETITION
WRITING
 WHAT IS A PETITION
 A petition is a formal request seeking a court order and stating the reasons why it is needed.
 It may be filed by a person, group, or organization, and is typically the first step in a
lawsuit.
 The petition is the very first document that is filed in a civil case. It is the document that
begins the case, and it is supposed to outline the case that the plaintiff has. That means that
the petition names the defendant or defendants and lays out the grievances against those
individuals.
 The petition usually also includes a section regarding relief. This is where the plaintiff
documents what he or she wants the court to order as a remedy to the problems set forth in
the petition.
 The relief is often in the form of a demand for monetary compensation, but it might also
require the defendant to make some action to correct a situation or publicly acknowledge and
apologize for the issue.
PURPOSE OF FILING A PETITION

 Some common reasons for filing a petition include:

 Initiating Legal Proceedings: A petition starts legal actions or proceedings,
such as a divorce petition initiating divorce proceedings.
 Seeking Court Intervention: In emergencies, a petition asks the court for
help, like a restraining order petition for protection from domestic violence.
 Challenging Decisions: A petition challenges unjust government agency
decisions through judicial review, aiming for fairness.
 Seeking Relief and Redress: Petitions help those harmed seek compensation
or resolution, such as for damages from a defective product.
 IMPORTANCE OF PETITION IN LEGAL
SYSTEM
 Petitions play a significant role in India as a means for individuals and groups to voice
their concerns, grievances, or demands to the government, judiciary, or other relevant
authorities. The importance of petitions in India can be summarized as follows:
 Constitutional Right & Access to Justice: Under Article 19(1)(a) of the Indian
Constitution, individuals and groups can freely voice their concerns and seek redressal.
 Civic Engagement: Petitions promote the participation of citizens to raise concerns,
express opinions, and influence policies, laws, and regulations.
 Accountability and Transparency: Petitions can make government officials and public
servants responsible for their actions or inactions.
 Social Change and Advocacy: Petitions can be used as a tool for social change and
advocacy, especially for marginalized and underrepresented groups.
 HOW DOES A PETITION WORK?
The process of how a petition works may vary depending on the specific type of petition being filed and the
jurisdiction in which it is filed. However, some general steps are typically followed when filing a petition:

Sending
Filing the Serve a File a
Petition to
petition copy response
Court

Order
Summons Hearing
Issued
 WHAT IS A WRIT PETITION
 A person whose fundamental rights have been infringed can approach the supreme court or
high court via a writ petition
 In other words, writs are a written order from the Supreme Court or High Court that
commands constitutional remedies for Indian Citizens against the violation of their
fundamental rights.
 Article 32 in the Indian Constitution deals with constitutional remedies that an Indian citizen
can seek from the Supreme Court against the violation of his/her fundamental rights.
 Article 226 of the Indian Constitution gives the High Court the power to issue writs.
 TYPES OF WRITS IN INDIA
 The Supreme Court of India is the defender of the concept of fundamental rights of the
citizens.
 It issues five kinds of writs for enforcing the fundamental rights of the citizens. The five types
of writs are:
1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto
 HABEAS CORPUS
 The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’
 This writ is used to enforce the fundamental right of individual liberty against unlawful detention.

 Habeas Corpus is a legal principle that requires a person who is arrested or detained to be brought
before a judge or court within 24 hours of his arrest. (Article 22)
 This is to ensure that the individual is not held unlawfully and that they are informed of the reason
for their detention.
 It is an important safeguard against arbitrary detention and is recognized in many countries
around the world.
 Through the writ of Habeas Corpus, the Supreme Court/High Court orders the officer who has
arrested another person to bring the body of the latter before the court.
 Case: Sunil Batra v Delhi Administration 1980 AIR 1579– the court held that the writ of Habeas
corpus can be filed not only for illegal/wrongful confinement of the prisoner but also to ensure his
protection from any kind of ill treatment by the authority responsible for his detention, therefore,
petition can be filed for unlawful detention to check the manner in which detention was caused.
 MANDAMUS
 The literal meaning of this writ is ‘We command.’
 “A writ issued by a court to compel performance of a particular act by lower court or a
government officer or body, to correct a prior action or failure to act.”
 This writ is used by the court to order the public official who has failed to perform his duty or
refused to do his duty, to resume his work.
 Besides public officials, Mandamus can be issued against any public body, a corporation, a lower
court, a tribunal, or government for the same purpose.
• Unlike Habeas Corpus, Mandamus cannot be issued against a private individual
• Mandamus can not be issued in the following cases:
• To enforce departmental instruction that does not possess statutory force (employer/employee)
• To order someone to work when the kind of work is discretionary and not mandatory
• To enforce a contractual obligation
• Mandamus can’t be issued against the Indian President or State Governors- held in SP Gupta v. UOI
(1981)- President cannot be subjected to a writ ordering him to determine the number of judges on the
High Court and fill vacancies.
 QUO - WARRANTO
 The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’
 If the court finds that the person is holding office but is not entitled to hold that office, it issues
the writ of quo warranto and restricts that person from acting as an office holder.
 Through this writ, the court enquires into the legality of a claim of a person to a public office.
 Quo-Warranto can be issued only when the substantive public office of a permanent character
created by a statute or by the Constitution is involved
 Case law: Amarendra Chandra v. Narendra Kumar Basu (1951) – the respondents were
the members of the managing committee of a school in Calcutta, the application for quo
warranto was prayed for, to question the authority by which these members occupied their
posts. The court held that the writ of quo warranto would not be applicable to a office of a
private nature.
 PROHIBITION
 The literal meaning of ‘Prohibition’ is ‘To forbid , to restrain.’
 A court that is higher in position issues a Prohibition writ against a court that is lower in
position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it
does not possess.
 Writ of Prohibition can only be issued against judicial and quasi-judicial authorities.
 It can’t be issued against administrative authorities, legislative bodies and private individuals
or bodies.
 It is also known as stay order.
 Case: S. Govind Menon v Union of India (1967) – writ of prohibition was issued by a higher
court, ie, Kerala High Court to a Lower Court in order to take over jurisdiction that was not
initially vested. The court held that a writ of prohibition can be used in both circumstances of
excess jurisdictions and absence of jurisdictions.
 CERTIORARI
 The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’
 This writ is issued by a court higher in authority to a lower court or tribunal ordering them
either to transfer a case pending with them to itself or quash their order in a case.
 Issued by the Supreme Court or High Court
 To quash an order passed by a lower court, tribunal or quasi judicial authority
 Exercise of excess powers by such authorities or without requisite jurisdiction
 Violation of principles of Natural justice
 It not only prevents but also cures for the mistakes in the judiciary.
 Case: Collector of Customs v AHA Rahiman – The Collector of Customs passed an order for
confiscation of goods without any prior inquiry and notice. The Madras High Court held that
the order passed by the collector was unlawful as it was made without knowing all the key
points of the case. This order was held to be against the principles of Natural Justice and the
writ of certiorari under 226 to quash the collectors order was issued.
 DIFFERENCE BETWEEN POWERS OF SUPREME
COURT AND HIGH COURT TO ISSUE WRITS
Difference Supreme Court High Court
Purpose To only enforce fundamental rights To enforce fundamental rights but
also for other purposes (The
expression ‘for any other
purpose’ refers to the enforcement
of an ordinary legal right)
Territorial Jurisdiction Against a person or government Against a person residing,
throughout the territory of India government or authority located
within its territorial jurisdiction
only
Or
Outside its territorial jurisdiction
only if the cause of action arises
within its territorial jurisdiction
Power Article 32 is a fundamental right- Discretionary-May refuse to
the Supreme Court may not refuse exercise its power to issue writs
to exercise its power to issue the
writs
 TEST YOUR KNOWLEDGE

 Which writ is said to be guarantor of personal freedom?

 Which writ can be used against the person believed to be holding a
public office he is not entitled to?
 Which writ can be issued to force a public authority to perform a
public or statutory duty?
 Which of the following has a wider territorial jurisdiction for
issuing writs – Supreme Court or High Court?
 Which writ can be issued against both public authorities and private
individuals?
 WHAT IS A PIL ?
 Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of
“Public Interest”. Any matter where the interest of the public at large is affected can be
redressed by filing a Public Interest Litigation in a court of law such as Pollution, Terrorism,
Road safety, Constructional hazards, etc.
 The original purpose of PILs has been to make justice accessible to the poor and the
marginalized.
• It is an important tool to make human rights reach those who have been denied rights.

• It democratizes the access of justice to all. Any citizen/agency who is capable can file petitions
on behalf of those who cannot or do not have the means to do so.
• It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc.

• It is an important tool in judicial review.

PROCEDURE TO FILE PIL IN INDIA

 Any Indian citizen or organisation can move the court for a public interest/cause by filing a
petition:
1. In the SC under Article 32
2. In the High Courts under Article 226
 The court can treat a letter as a writ petition and take action on it. The court has to be satisfied
that the writ petition complies with the following: the letter is addressed by the aggrieved
person or a public-spirited individual or a social action group for the enforcement of legal or
constitutional rights to any person who, upon poverty or disability, are not able to approach the
court for redress. The court can also take action on the basis of newspaper reports if it is
satisfied with the case.
THANK YOU