Louisa Sage

A writ petition is a formal written request filed before a High Court (or the Supreme Court) asking it to issue a writ—a fundamental, formal order from a judicial authority. In the Indian legal system, which is derived from British common law, the power to issue writs is primarily a feature of the extraordinary original jurisdiction of these higher courts. This power is granted directly by the Constitution of India under Article 226 for High Courts. A writ petition is a crucial instrument for the protection of Fundamental Rights (found in Part III of the Constitution) and for enforcing legal rights against the actions or inactions of the state, its agencies, or public authorities. It is a swift and powerful remedy against administrative arbitrariness, injustice, and the abuse of power. When a citizen's fundamental rights are infringed, and no other adequate remedy is available, they can directly approach the High Court through a writ petition.