What are constitutional remedies?

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The Constitution of India, 1950 grants certain rights to the citizens of India. If these rights are violated, citizens should also have the right to enforce them or remedy the violation. 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.¹ The petition can be for the issue of any of the five types of constitutional remedies. The right to apply to the Supreme Court for constitutional remedies is also a fundamental right.

Articles 32(1) and 226, 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 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.

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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.