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The part 3 of the Constitution of India provides for fundamental rights which are considered the part of the basic structure of Indian Constitution. The machinery of legal remedies to be used in case of violation is also provided under Article 32 and 226 of the same. Article 32 empowers the Supreme Court, while Articles 226 and 227 empower the High Courts across India to protect the fundamental rights of the people. That is why Dr. BR Ambedkar called this machinery the ‘Heart and Soul of the Constitution’. The provision empowers the Supreme Court and High Courts to issue different types of writs to enforce the fundamental rights.
Writ of Mandamus
Mandamus here can be understood to mean ‘mandate’. The Courts can issue a writ of mandamus for enforcing the duties by public authorities.
Writ of Certiorari
Certiorari may mean ‘to certify’ or ‘to correct’. The writ of certiorari is issued by a Higher Court to quash an order already passed by an inferior court/tribunal/public authority.
Writ of Habeas Corpus
Habeas corpus means ‘to have the body’. The habeas corpus writ is issued by a Court against any person who allegedly detained another person. It requires the person to produce the body of the person so detained.
Writ of Prohibition
As the term suggests, a higher court issuing writ of prohibition prohibits or restricts the lower courts or tribunals from doing something beyond their authorities.
Writ of Quo Warranto
Quo warranto means ‘by what warrant’. The writ of quo warranto is issued by the Court in a challenge against the right to hold the office by a specific person.
When you need to enforce your fundamental rights through the High Court or the Supreme Court, you need to file a writ petition. In order to get a favourable order passed by the Court safeguarding your rights, you need an efficient Writ Lawyer in India. It may be noted that Lawyers for Writs are those who practice before the High Courts and Supreme Court of India and are well aware of the applicable laws. Writ Petition Lawyers need to draft a petition and file before the Writ Courts to state the specific infringement of rights for which redressal is sought.
Lawyers for Writ, as the term suggests, approach the Writ Courts in order to seek relief for their clients. There are specific types of Writs in India which can help bring specific results for the parties, whether it is to seek production of a person before the Court (habeas corpus), relief for violation of one of the fundamental rights enshrined under part 3 of the Indian Constitution, illegal hiring to a particular post, etc. Writ lawyers prove before the Court regarding the specific facts and infringement of fundamental rights to seek relief for their clients.
Anyone who is eligible to approach the Writ Courts and prove their locus standi (standing before the Court) can file a petition with the help of Writ Lawyers in India. It may be noted that it is not mandatory that the Court will entertain the same, because they will look at the facts whether a cause arises for invoking the jurisdiction of the Writ Courts. There have been several instances when Writ Petitions were filed as a misuse of law and Courts dismissed the same for attempting to waste the time of Courts. Writ Lawyers need to make clear to their clients to approach the Courts for redress pertaining to genuine rights and not to make a temporary hype in the media.
Writ Lawyers’ fees is not fixed anywhere, and the Court fees is minimal. Thus, the fees charged by lawyers for Writ Petition in India cannot be specified here. However, the same may vary depending upon how many years of experience a Writ Lawyer holds. In addition, how complex or straightforward your cause is will also add to the lawyer fees for Writ Petition. When it comes to Writ Courts, there are several aspects like locus standi, violation of specific rights, and the jurisdiction of the Writ Courts, which need to be proved by the litigants in order to succeed in getting relief.