What are the limitations in getting constitutional remedies?

Home / Legal Explainers / Citizen Rights & Constitution / Constitution / Constitutional Remedies / 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.¹
Though there is no specific time limit for filing a writ petition, the Supreme Court or High Court can refuse to grant relief to a petitioner if there is an avoidable delay in filing the petition which affects the merits of the claim.²

Tilokchand Motichand & Ors. v. H.B. Munshi & Anr., 1970 AIR 898. [↩]
Tilokchand Motichand & Ors. v. H.B. Munshi & Anr., 1970 AIR 898. [↩]

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

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 are the authorities for seeking constitutional remedies?

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.

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.

Guide on the Rights of Transgender Persons in India

This Guide discusses the general provisions in the Constitution of India, the Transgender Persons (Protection of Rights) Act, 2019 and the Transgender Persons (Protection of Rights) Rules, 2020.

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.

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.