Writ petition filing under Articles 32 and 226, habeas corpus, mandamus, certiorari, prohibition, quo warranto, PIL and constitutional challenge advisory.
Short, direct, on the record.
A writ can be filed when the order is without jurisdiction, violates fundamental rights, breaches principles of natural justice, or when the alternative remedy is inadequate or inefficacious. The Supreme Court has held that the availability of an alternative remedy is a rule of discretion, not jurisdiction, and can be relaxed in exceptional cases.
Generally no. Writ jurisdiction under Article 226 extends to "any person or authority" performing public functions. The Supreme Court in Pradeep Kumar Biswas (2002) held that a writ can lie against a private entity only if it is performing a public duty or function or is an instrumentality of the state.
There is no statutory limitation period for writ petitions. However, courts apply the doctrine of laches and may refuse relief if there is unexplained delay. The general expectation is that writs should be filed promptly, typically within 3 to 6 months of the impugned action, though this varies by subject matter.
Yes. High Courts regularly grant interim orders including stay of operation of impugned orders, status quo orders and ad interim injunctions in writ proceedings. The test is prima facie case, balance of convenience and irreparable injury.
Share the impugned order, authority and the fundamental right or jurisdictional concern for a preliminary assessment.