Obtain form for filing writ petition
A person seeking to protect their fundamental right can file a petition before the appropriate court i.e., Supreme Court or a High Court. The petition should be filed in the prescribed form as given by the particular court. The prescribed format for a writ petition in the Supreme Court can be found here. For High Courts, there are different forms prescribed by each High Court which can be accessed by visiting the concerned High Court’s website.
Draft the petition
After obtaining the prescribed form for the appropriate court, the following information should be mentioned in the petition1:
- Name and description of the person filing the petition.
- Name and description of the person/body against whom the petition is being filed.
- The violated fundamental right of the aggrieved person.
- The remedy sought by the aggrieved person.
- The reasons for seeking the remedy.
- (If the petition is being filed to the Supreme Court) Whether a petition for the matter has already been filed before any High Court and if yes, the order passed by the High Court.
Attach documents, if applicable 1
- If the petition is against a lower court’s order, the original or certified copy of such order should be attached to the petition.
- The affidavit of the facts leading to the filing of petition.
- Any other necessary documents.
If any document is not in the physical possession of the petitioner, then a list of such documents should be attached to the petition.
Submit the petition0
- Supreme Court of India, Handbook on Practice and Procedure and Office Procedure, accessed at https://main.sci.gov.in/pdf/LU/ppop2017.pdf
- Delhi High Court (Original Side) Rules, 2018, accessed at http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/DownloadFile_ACT21XZ4IP9.PDF