Who are the authorities for seeking constitutional remedies?

Last updated on Jun 15, 2022

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.1 

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. (( 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.2

  1. Article 32, Constitution of India, 1950.[]
  2. Article 226(2), Constitution of India, 1950.[]

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