Writ Petetions

What Is A Writ?

A writ is a formal written order issued by Apex or Higher courts with more power. It is given to a court with a lower jurisdiction or public office or govt/semi-govt institutions or to an individual if any citizen’s fundamental rights are violated. A writ may be issued by the Indian Supreme Court in accordance with Article 32 of the Indian Constitution. The High Court also has this authority under Article 226. 

Lets understand the basic differences between Article 32 and Article 226 of the Indian Constitution.

Why Writ Is Required?

A writ petition is typically filed when someone’s fundamental rights have been violated or they have been the victim of injustice. For the following reasons, it is essentially a corrective measure provided by the constitution against the nation’s body responsible for maintaining law and order:

To assist people in defending their rights against judicial orders

The legal system’s authorized higher authorities do not object to providing an alternative to the harmed in the event of an accusation to guarantee that justice is administered and not obstructed.

In simple terms, enforcement of the Article 32 and 226 is done with the help of five prerogative Writs .

The following outlines the type of Writs, the steps to be taken, and the requirements that the petitioner must meet in the event that any fundamental rights have been violated.

1. Writ of Habeas Corpus:

You should have the body. 

Purpose: Release the person from illegal detention, Challenge the legality of detention.

Scope: 

• It is in the nature of an order calling upon the person who has detained another to produce the latter before the court 
• To know on what ground he has been detained 
• To set him free if there is no legal justification for the imprisonment 

Landmark Cases:

• Kanu Sanyal v. District Magistrate

the court may examine the legality of the detention without requiring the person detained to be produced before it 

• Sheela Barse v. State of Maharashtra

if the detained person is unable to pray for the writ of habeas corpus, someone else may pray for such writ on his behalf. 

• Nilabati Behera v. State of Orissa

The petitioner was awarded compensation of Rs. 1, 50, 000. 

2. Writ of Mandamus 

It is a courts order of commanding an inferior court or public authority to perform an official duty correctly

The Writ can granted against a public authority if :

• Acted against the law
• Exceeded his limits of power
• Acted with malafides 
• Did not apply his mind
• Abused his discretionary powers
• Did not take into account relevant consideration 
• Has taken into account irrelevant consideration 

Landmark cases:

• Hemendra v Gauhati University : 

Mandamus was issued to direct a University to announce that the petitioner has passed where, University had refused so to declare though the petitioner had obtained the pass marks required by the statutory rules of the University. 

• Barada Kanta v State of West Bengal : 

Writ of Mandamus cannot be issued against an individual person or any private organization because they are not entrusted with a public duty. 

3. Writ of Certiorari 

It means “To be Certified” Both preventive and curative. 

Issued by SC and HC’s for quashing the order of any inferior court, tribunal or Quasi- Judicial body. 

Propositions laid in issuing this writ by the High Court in Hari Vishnu Kamath Vs. Ahmad Ishaque 1955-I S 1104 : ((s) AIR 1955 SC 233) 

It is issued to correct the errors of Jurisdiction. 

When court or tribunal acts illegal in its jurisdiction. 

Order against principles of natural justice. 

Court acts in exercise of its supervisory and not appellate Jurisdiction. 

An error in the decision or determination itself may also be amenable to a writ of Certiorari. 

Landmark cases

Nagendra Nath Bora & Anr. Vs. Commissioner of Hills Division and Appeals, Assam & Ors., (1958) SCR 1240, the parameters for the exercise of jurisdiction. 

1. Check whether inferior court has exceeded its jurisdiction. 

2. Mere formal and technical errors doesn’t attract this. 

4. Writ of Quo-Warranto 

It means “what is your authority”. 

Issued to restrain a person from holding a public office. 

Conditions: 

Public office created by a statue 

Person to be appointed by a statue or statutory instrument. 

Illustrations: 

a) Subramanian Swamy petition against Jayalalitha in 2001. Two PIL’s against her appointment. 

b) Manohar Reddy vs Union of India: two advocates filed a petition quashing the appointment of a Judge of a HC of AP and a writ is in the nature of Mandamus commanding the Bar Council of AP to cancel the enrollment as an advocate N V Ramana. 

5. Writ of Prohibition 

Purpose:

It is to forbid or to stop called as “Stay Order”

Issued in cases where is excess of Jurisdiction and where there is absence of Jurisdiction. 

When the proceedings are pending in the court. 

Issued by both SC and HC’s to any inferior court or Quasi- Judicial Body but not against legislative or administrative body 

The Federal Courts

Introduction To The Federal Court System 

The federal court system has three main levels: 

• District courts (the trial court)

• Circuit courts which are the first level of appeal and 

• Supreme Court of the United States, the final level of appeal in the federal system. 

There are 94 district courts, 13 circuit courts, and one Supreme Court throughout the country.

Courts in the federal system work differently in many ways than state courts. The primary difference for civil cases (as opposed to criminal cases) is the types of cases that can be heard in the federal system. 

Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called “original jurisdiction.” Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. The plaintiff has the initial choice of bringing the case in state or federal court. However, if the plaintiff chooses state court, the defendant may sometimes choose to “remove” to federal court.

Cases that are entirely based on state law may be brought in federal court under the court’s “diversity jurisdiction.” Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state. The defendant can also seek to “remove” from state court for the same reason. To bring a state law claim in federal court, all of the plaintiffs must be located in different states than all of the defendants, and the “amount in controversy” must be more than $75,000. (Note: the rules for diversity jurisdiction are much more complicated than explained here.)

Criminal cases may not be brought under diversity jurisdiction. States may only bring criminal prosecutions in state courts, and the federal government may only bring criminal prosecutions in federal court. Also important to note, the principle of double jeopardy – which does not allow a defendant to be tried twice for the same charge – does not apply between the federal and state government. If, for example, the state brings a murder charge and does not get a conviction, it is possible for the federal government in some cases to file charges against the defendant if the act is also illegal under federal law.

Federal judges (and Supreme Court “justices”) are selected by the President and confirmed “with the advice and consent” of the Senate and “shall hold their Offices during good Behavior.” Judges may hold their position for the rest of their lives, but many resign or retire earlier. They may also be removed by impeachment by the House of Representatives and conviction by the Senate. Throughout history, fifteen federal judges have been impeached due to alleged wrongdoing. One exception to the lifetime appointment is for magistrate judges, which are selected by district judges and serve a specified term.

District Courts

The district courts are the general trial courts of the federal court system. Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. District courts handle trials within the federal court system – both civil and criminal. The districts are the same as those for the U.S. Attorneys, and the U.S. Attorney is the primary prosecutor for the federal government in his or her respective area.

District court judges are responsible for managing the court and supervising the court’s employees. They are able to continue to serve so long as they maintain “good behavior,” and they can be impeached and removed by Congress. There are over 670 district court judges nationwide.

Some tasks of the district court are given to federal magistrate judges. Magistrates are appointed by the district court by a majority vote of the judges and serve for a term of eight years if full-time and four years if part-time, but they can be reappointed after completion of their term. In criminal matters, magistrate judges may oversee certain cases, issue search warrants and arrest warrants, conduct initial hearings, set bail, decide certain motions (such as a motion to suppress evidence), and other similar actions. In civil cases, magistrates often handle a variety of issues such as pre-trial motions and discovery.

Federal trial courts have also been established for a few subject-specific areas. Each federal district also has a bankruptcy court for those proceedings. Additionally, some courts have nationwide jurisdiction for issues such as tax (United States Tax Court), claims against the federal government (United States Court of Federal Claims), and international trade (United States Court of International Trade).

Circuit Courts

Once the federal district court has decided a case, the case can be appealed to a United States court of appeal. There are twelve federal circuits that divide the country into different regions. The Fifth Circuit, for example, includes the states of Texas, Louisiana, and Mississippi. Cases from the district courts of those states are appealed to the United States Court of Appeals for the Fifth Circuit, which is headquartered in New Orleans, Louisiana. Additionally, the Federal Circuit Court of Appeals has a nationwide jurisdiction over very specific issues such as patents.

Each circuit court has multiple judges, ranging from six on the First Circuit to twenty-nine on the Ninth Circuit. Circuit court judges are appointed for life by the president and confirmed by the Senate.

Any case may be appealed to the circuit court once the district court has finalized a decision (some issues can be appealed before a final decision by making an “interlocutory appeal”). Appeals to circuit courts are first heard by a panel, consisting of three circuit court judges. Parties file “briefs” to the court, arguing why the trial court’s decision should be “affirmed” or “reversed.” After the briefs are filed, the court will schedule “oral argument” in which the lawyers come before the court to make their arguments and answer the judges’ questions.

Though it is rare, the entire circuit court may consider certain appeals in a process called an “en banc hearing.” (The Ninth Circuit has a different process for en banc than the rest of the circuits.) En banc opinions tend to carry more weight and are usually decided only after a panel has first heard the case. Once a panel has ruled on an issue and “published” the opinion, no future panel can overrule the previous decision. The panel can, however, suggest that the circuit take up the case en banc to reconsider the first panel’s decision.

Beyond the Federal Circuit, a few courts have been established to deal with appeals on specific subjects such as veterans claims (United States Court of Appeals for Veterans Claims) and military matters (United States Court of Appeals for the Armed Forces).

Supreme Court of the United States

The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided by the highest court of a state (usually the state supreme court), the case could be appealed to the federal Supreme Court. However, if that same case were decided entirely on a state law similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case.

After the circuit court or state supreme court has ruled on a case, either party may choose to appeal to the Supreme Court. Unlike circuit court appeals, however, the Supreme Court is usually not required to hear the appeal. Parties may file a “writ of certiorari” to the court, asking it to hear the case. If the writ is granted, the Supreme Court will take briefs and conduct oral argument. If the writ is not granted, the lower court’s opinion stands. Certiorari is not often granted; less than 1% of appeals to the high court are actually heard by it. The Court typically hears cases when there are conflicting decisions across the country on a particular issue or when there is an egregious error in a case.

The members of the Court are referred to as “justices” and, like other federal judges, they are appointed by the President and confirmed by the Senate for a life term. There are nine justices on the court – eight associate justices and one chief justice. The Constitution sets no requirements for Supreme Court justices, though all current members of the court are lawyers and most have served as circuit court judges. Justices are also often former law professors. The chief justice acts as the administrator of the court and is chosen by the President and approved by the Congress when the position is vacant.

The Supreme Court meets in Washington, D.C. The court conducts its annual term from the first Monday of October until each summer, usually ending in late June.

Source: https://www.justice.gov/usao/justice-101/federal-courts