Who can apply for constitutional remedies?

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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.(( Articles 32 and 226, Constitution of India, 1950.))

For habeas corpus(( Sunil Batra v. Delhi Administration, 1980 AIR 1579.)) and mandamus(( Bandhua Mukti Morcha v. Union of India, 1984 AIR 802.)), people other than the aggrieved person can also file a petition to seek a particular remedy.

It is important to understand that not all fundamental rights are available to all people. For instance, the right to equal opportunity in employment(( Article 16, Constitution of India, 1950.)) and freedom of speech and expression¹ are available only to citizens. On the other hand, fundamental rights such as the right to life(( Article 21, Constitution of India, 1950.)) and the right to be treated equally before the law² are available to all people, irrespective of whether they are citizens or non-citizens. A person can file a writ petition seeking constitutional remedies to enforce any fundamental rights which are available to them.

Article 19(1)(a), Constitution of India, 1950. [↩]
Article 14, 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.

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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.

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.