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Aug 313 min read

How To File A Petition For Writ Of Certiorari In High Court?

The Petition For Writ Of Certiorari Has Its Roots In The Previous Many Years, When It Was Employed To Check Court Decisions For Mistakes. It Is The Same In Its Present Incarnation. The Higher Authorities Have Consistently Utilized It To Overturn Lesser Authority Rulings That Contained Legal Flaws Or Went Outside Their Purview. The Provisions Pertaining To The Writ Jurisdictions Of The Supreme Court And The High Courts Are Found In Articles 32 And 226 Of The Indian Constitution, Respectively.

Petition For Writ Of Certiorari: About

  • "Certified Or Informed" Is What The Term Certiorari Refers To. It Is Typically Issued To A Lower Court By A Higher Court In Order To Either Overturn A Verdict Or Move The Ongoing Matter To A Higher Authority. 

  • The Supreme Court Decided In 1991 That If Administrative Authorities' Decisions Violate Someone's Rights, A Petition For Writ Of Certiorari May Also Be Filed Against Them.


Petition For Writ Of Certiorari: Grounds To File The Petition

The Following Grounds Allow For The Issuance Of The Writ Of Certiorari:

  • A Court That Is Legally Qualified To Act In A Judicial Capacity Must Exist.

  • If A Lower Court's Decision Conflicts With The Laws Specified In The Constitution.

  • If There Is A Mistake In A Lower Court's Ruling.


Petition For Writ Of Certiorari: How To File?

A Writ Of Certiorari Can Be Filed In The Supreme Court Under The Virtue Of article 32 Or In The High Court Under The Virtue Of article 226 Of The Indian Constitution. The Process For Filing One Is The Same As For Filing Any Other Type Of Writ Petition In India. A Person's Basic Rights Must Have Been Violated, And A Writ Of Certiorari Must Be Submitted Within A Reasonable Amount Of Time Following The Breach Of The Individual's Rights. 


The Following Steps Are Involved In The Application Procedure For Filing A Writ Of Certiorari In India:

  • Drafting The Case Details With The Help Of A Lawyer: The Petitioner Needs To Draft An Extensive Paper That Details The Case's Facts, Highlighting The Infringement Of His Rights, Presents Strong Arguments, And Explains Why The High Court Ought To Use Its Discretion To Grant The Writ Of Certiorari With The Help Of A Lawyer.

  • Filing Of The Writ Petition: The Procedure Is Started By The Party Requesting The Writ By Submitting The Writ Petition To The High Court. The Petition Functions As The Request For Authorization To File An Appeal.

  • Reasons For Requesting For The Writ: The Petitioner Must Specify Exactly Why The Writ Is Being Requested. 

  • Granting Of The Petition For Writ Of Certiorari: The High Court Grants The Writ Petition For Certiorari If It Is Persuaded That The Case Merits Special Treatment.

  • Appearing Before The Court And The Decision: The Parties Are Going To Appear Before The Court And Present Their Cases On The Date The Court Designates For The Hearing. In Addition, The Court Renders The Decision After Hearing Arguments From Both Sides.


Petition For Writ Of Certiorari In High Court: Format


Writ Of Certiorari

In The Hon’ble High Court At_________

(Original Civil Jurisdiction)

Writ Petition No_______

  1. ____s/O ___ R/O___                                                                   

———————–Petitioner

Versus    

  ———————Respondent


Petition Under Article 226 Of The Constitution For The Issue Of A Writ Of Certiorari.

To,

The Hon’ble Chief Justice And His Companion Judges Of The Hon’ble High Court/Supreme Court Of ___________


The Above-Named Petitioner Begs To Submit As Under:

  1. Facts 

  2. Question(S) Of Law

  3. Grounds 

Prayer

Petitioner

Date


The Supreme Court And The High Courts Have Used The Writ Of Certiorari To Overturn Decisions Rendered By Lower Courts When They Have Overreached Their Authority, Transgressed Natural Justice Norms, Or Made Legal Errors. In Numerous Rulings, The Courts Have Made The Standards Clear. 

For Any Type Of Legal Assistance, One Can Speak With A Lawyer From Lead India. Lead India Provides Free Online Legal Advice In India. With Lead India, One Can Ask Free Online Questions Of The Experts In Addition To Getting Free Legal Advice.


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