📑 Table of Contents
📋 Quick Overview
Article 226 empowers the Calcutta High Court to issue writs for enforcement of fundamental rights and for any other purpose. This is one of the most powerful remedies available to citizens in Kolkata.
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Types of Writs Under Article 226
The High Court can issue five types of writs: Habeas Corpus (produce a detained person before the court), Mandamus (direct a public authority to perform a duty), Prohibition (restrain a court from proceeding beyond jurisdiction), Certiorari (quash an order of a lower court or tribunal), and Quo Warranto (challenge the authority of a person holding public office).
Each writ has specific grounds and conditions for issuance.
Who Can File a Writ Petition?
Any person whose fundamental right or legal right has been infringed can file a writ petition. This includes: individuals, companies, associations, and public interest litigants (for PILs). A writ petition can also be filed by a person acting in the public interest (PIL).
The petitioner must show that they have sufficient interest in the matter.
Procedure for Filing in Calcutta High Court
A writ petition is filed before the Calcutta High Court (Appellate Side) under Article 226. The petition must contain: facts of the case, ground for the writ, relief sought, and supporting affidavits. The court hears both parties and passes orders.
The petition should be filed without undue delay after the cause of action.
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Frequently Asked Questions
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