Navigating The Labyrinth Of Legal Remedies: Understanding The Scope Of Writ Petitions In India

Harman Bir Singh Juneja, Dr. B. R. Ambedkar National Law University

Article 32 is the very soul of the Constitution and the very heart of it.- DR. Bhim Rao Ambedkar

ABSTRACT

In any case of infringement of fundamental rights or any other legal right provided in the Constitution, the filing of a Writ Petition in either the Supreme Court or the High Court typically serves as the principal recourse. The safeguard of the Writ Petition provided to the public by the Constitution is one of the most important provisions of the Constitution. Nonetheless, there have always been questions that the violation of fundamental or other rights per se makes it mandatory for the Constitutional Courts to entertain the writ petition and some of such questions have been discussed further in this paper. Though the scope of the Writ Petition is wide still there are limitations on the scope of the writ petition and the paper delves into a doctrinal study of various judgments and opinions laid down by the Courts to provide a comprehensive view to the reader.