Who are the authorities for seeking constitutional remedies?

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A person can file a writ petition before the Supreme Court of India or the concerned High Court of that state to enforce their fundamental rights.

The Supreme Court has the power to provide constitutional remedies to any person whose fundamental rights need to be protected. The right to seek constitutional remedies before the Supreme Court is by itself a fundamental right of any person. However, the right to seek relief with the Supreme Court can be suspended during a period of emergency.(( Article 32, Constitution of India, 1950.))

High Courts also have the power to provide constitutional remedies. Apart from fundamental rights, the High Courts also have the power to issue constitutional remedies for other purposes as well, such as protecting other legal rights.¹

Article 226(1), Constitution of India, 1950.)) However, the right to seek constitutional remedies before any High Court is not a fundamental right. There are territorial restrictions and a writ petition for constitutional remedies should be filed only to the concerned High Court which has authority in the area where the legal violation occurs.(( Article 226(2), Constitution of India, 1950. [↩]

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What are the different types of constitutional remedies?

There are five kinds of constitutional remedies available. These are Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

Who can apply for constitutional remedies?

Any aggrieved person whose fundamental rights have been violated can avail constitutional remedies by filing a writ petition before the Supreme Court or the High Court.

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What are constitutional remedies?

The Constitution provides for certain remedies that people can use to enforce their fundamental rights. A person can file a writ petition before the Supreme Court or concerned High Court to enforce their fundamental rights.

What are the limitations in getting constitutional remedies?

If someone files a writ petition before a High Court for a particular matter, they cannot file another petition seeking relief under the same writ before the Supreme Court.

Payment for filing writ petitions

In the Supreme Court, for writ petitions except for habeas corpus, the court fee is Rs. 500. For petitions filed for criminal cases, there is no fee. Whereas the court fee varies for different High Courts.