🏛️ Complete Guide to Writ Petitions Under Article 226 and Article 32: Criminal Writs, PILs, and the Five Writs Explained

In India, the Constitution empowers citizens to directly approach the High Courts and the Supreme Court through writ petitions when their rights are violated. Two critical constitutional provisions—Article 226 and Article 32—form the backbone of this legal remedy system. Whether it's a criminal writ petition, a public interest litigation (PIL), or a plea under Article 227, these constitutional tools ensure justice and accountability.

This article connects and explains:

• What is Article 226 and 32 writ petition

• The difference between writ under Article 226 and 227

• What is PIL under Article 226

• Can Article 32 be suspended

• Who is the father of PIL in India

• What is the writ of mandamus

• Criminal writ petition format

• Criminal petition in High Court

• The five types of writs

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🧾 What is Article 32 and Article 226 Writ Petition?

The Indian Constitution provides two important avenues for filing writ petitions:

📌 Article 32 – Right to Constitutional Remedies (Supreme Court)

• Empowers individuals to directly approach the Supreme Court

• Purpose: Enforce Fundamental Rights only

• Binding on all courts and authorities

📌 Article 226 – Writ Jurisdiction of High Courts

• Broader in scope than Article 32

• High Courts can issue writs not only for fundamental rights but also for legal rights

• Offers remedies even in civil, criminal, and administrative matters

👉 Connection: While Article 32 is a fundamental right itself, Article 226 is discretionary and territorially limited to the respective High Court’s jurisdiction.

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⚖️ What is the Difference Between Writ under Article 226 and 227?

Although both provisions vest powers in the High Courts, they serve distinct purposes:

Feature	Article 226	Article 227
Nature	Remedial (Writ Jurisdiction)	Supervisory (Over lower courts)
Applicability	Fundamental & legal rights	Procedural correctness
Relief	Constitutional Remedies	Judicial Supervision

👉 Example: A person may file a criminal writ petition under Article 226 for protection from police harassment. But if a lower court is overstepping its jurisdiction, Article 227 can be invoked to supervise or correct its action.

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🙋‍♂️ What is PIL under Article 226?

A Public Interest Litigation (PIL) is a special category of writ petition that can be filed in public interest, even by a third party who is not personally affected.

✅ Key Features:

• Filed under Article 226 (High Court) or Article 32 (Supreme Court)

• Focused on collective rights and public justice

• Common in cases involving environment, corruption, human rights, and governance

👨‍⚖️ Father of PIL in India:

Justice P.N. Bhagwati is considered the Father of PIL in India. He revolutionized judicial access by relaxing the locus standi rule, allowing even letters and postcards to be treated as writ petitions.

👉 Connection: A PIL may involve invoking multiple writs like mandamus or habeas corpus to enforce duties or release individuals from illegal detention.

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❌ Can Article 32 Be Suspended?

Yes, but with limitations. During a proclamation of emergency, the President may suspend the enforcement of fundamental rights, including the right to approach the Supreme Court under Article 32, under Article 359.

However:

• High Courts under Article 226 still retain limited power to issue writs (unless expressly barred).

👉 This makes Article 226 an essential backup remedy during times when Article 32 is suspended.

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📜 What is the Writ of Mandamus?

The writ of mandamus is a command issued by the court to a public authority to perform a public or statutory duty which it has failed or refused to perform.

🧾 Features:

• Directed only at public officials or bodies

• Not applicable for private disputes

• Requires existence of a clear legal right and duty

🔗 Related Writs:

• If the public body acts beyond its power, writ of prohibition or certiorari may be issued instead.

👉 Connection: In a criminal writ petition, mandamus can be used to compel police to register an FIR or to ensure fair investigation.

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👮‍♂️ What is a Criminal Writ Petition in High Court?

A criminal writ petition under Article 226 is filed when an individual’s fundamental or legal rights are violated in a criminal context.

🧾 Common Grounds:

• Illegal arrest or detention

• Failure of police to act

• Threat to life or liberty

• Seeking protection or quashing FIR

It may involve invoking:

• Article 21 (Right to life and liberty)

• Writs like Habeas Corpus and Mandamus

👉 Example: If someone is being harassed by the police due to a false FIR, a criminal writ petition can seek quashing of FIR and protection.

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📋 Criminal Writ Petition Format

Here’s a basic outline of a criminal writ petition format:

1. Title: IN THE HIGH COURT OF JUDICATURE AT __________

2. Parties: Name, age, address of petitioner and respondents

3. Jurisdiction clause: Mention Article 226

4. Facts: Brief narrative of events leading to rights violation

5. Grounds: Legal basis (e.g., Articles 14, 21, 226)

6. Prayer: Clearly mention what relief is sought

7. Affidavit: Sworn statement of facts

8. Annexures: Copies of FIR, complaints, medical records, etc.

👉 Connection: This petition may also involve mandamus to direct investigation, or certiorari to quash proceedings.

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📜 What is a Criminal Petition in High Court?

The term criminal petition is broader and includes:

• Bail applications

• Quashing of proceedings

• Transfer of cases

• Criminal revisions or appeals

• Writ petitions related to criminal law

Depending on the context, these petitions may invoke CrPC sections (like 482) or constitutional provisions like Article 226.

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🧠 What Are the 5 Writs of the High Court?

1. Habeas Corpus – “Produce the Body”

Ensures release of a person from illegal detention. Most common in criminal writ petitions.

2. Mandamus – “We Command”

Directs public officials to perform duties. Common in PILs and service matters.

3. Certiorari – “To be Certified”

Quashes illegal orders of lower courts or tribunals.

4. Prohibition – “To Forbid”

Stops a lower court from continuing proceedings outside its jurisdiction.

5. Quo-Warranto – “By What Authority”

Questions legality of a public office holder’s appointment.

👉 Connection: Depending on the facts, a writ petition under Article 226 or Article 32 may involve any one or more of these five writs.

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📌 Summary

Understanding the powers of Article 226 and 32, along with the difference between Articles 226 and 227, helps every citizen and legal professional navigate the Indian judicial system efficiently. Whether it's filing a PIL, seeking protection through a criminal writ petition, or invoking a mandamus, writ jurisdiction is a powerful constitutional safeguard. In matters involving false FIRs, illegal detention, or denial of justice, approaching the High Court or Supreme Court through a properly structured writ petition ensures that rights are upheld.

If you're facing any such issue or need help with drafting, typing, or filing a writ petition, expert assistance can make all the difference.

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