The High Courts exercise a distinct constitutional jurisdiction under Article 199 of the Constitution, separate from their ordinary civil and criminal jurisdiction. Understanding when this route applies, and when it does not, is the first thing to get right.
The five writs
- Mandamus, directing a public functionary to perform a duty
- Certiorari, quashing an order made without lawful authority
- Prohibition, restraining a body from exceeding its jurisdiction
- Quo warranto, questioning the authority by which a person holds public office
- Habeas corpus, securing the release of a person unlawfully detained
An adequate alternate remedy usually bars the writ
Courts generally decline to entertain a writ petition where an adequate alternate remedy exists, such as a departmental appeal or a civil suit. This single principle explains why many writ petitions are dismissed at the preliminary stage — the petitioner should have used the ordinary channel first.
Where it fits
Writ jurisdiction is commonly invoked against government departments, regulatory bodies and other public functionaries, where the challenge is to the legality of an action or order rather than a private dispute between individuals.
What to do next
Bring the order or action being challenged, evidence of any alternate remedy already pursued or exhausted, and a clear statement of which public duty or excess of jurisdiction is alleged.