What Is The Cost Of Filing A Writ Petition In Supreme Court?

In the Indian legal system, you may bring or draft a writ petition in the Supreme Court pursuant to Article 32 of the Indian Constitution. The Indian constitution provides further details regarding the procedure and interpretation of writ petitions in the Supreme Court under Article 32 of the Indian Constitution. 

Alternatively, you can always hire a knowledgeable lawyer to draft a writ petition on your behalf. Depending on the circumstances, you may also file a criminal or civil writ petition in the Supreme Court if the High Court issues an unsatisfactory ruling.

What is a Writ Petition?

• An order issued by an authority is called a writ. As a result, a writ is comparable to a formal court order. 
• An application submitted to a court asking for the issuance of a particular writ is known as a writ petition.

Types of Writ Petition in the Supreme Court

• Habeas Corpus: The purpose of a habeas corpus is to defend a person’s right to their own freedom. It asks for the release of someone who has been illegally detained or restrined or to have the body.
• Mandamus: The word “command” is mandamus. This writ is intended to force a public authority to carry out an obligation to which it is legally obligated. It is frequently employed when a public servant disobeys their duties.
• Prohibition: The purpose of a writ of prohibition is to stop subordinate courts or tribunals from acting outside of their authority or jurisdiction.
• Certiorari: When a lower court, tribunal, or quasi-judicial authority issues an order or makes a decision that violates natural justice or is made without jurisdiction, the court may file a petition for certiorari to overturn the decision.
• Quo Warranto: The purpose of this writ is to contest someone’s eligibility to hold public office. It contests the validity of a public servant’s appointment.

When to File a Writ Petition in the Supreme Court?

• As per the Indian Constitution’s Article 32, a writ petition can be filed with the Supreme Court.
• The Supreme Court would only issue a writ if the petitioner could prove that his fundamental rights had been violated.

Cost of Filing a Writ Petition: Supreme Court

• The cost of filing a writ petition in the Supreme Court except for a habeas corpus petition is Rs. 500. 
• However, if the writ petition has been filed in a criminal case, no court filing fee is required.

Procedure to File a Writ Petition in the Supreme Court

• Drafting the Writ Petition: It is imperative to ensure that the petition thoroughly addresses all pertinent legal provisions, facts, and arguments. If any laws or fundamental rights were broken by the actions of the authorized authorities, it must be made very clear. Obtaining legal advice is recommended when drafting Article 32 Writ Petition.
• Affidavit Preparation: Documentation and supporting affidavits containing all pertinent information must be prepared. In this case, the affidavits serve as evidence.
• Payment of the Required Court Fees: The court fees have to be paid in accordance with the regulations. The sum varies based on the case’s value and characteristics.
• Article 32 Writ Petition Submission: The Supreme Court has to get the writ petition, all of the supporting papers, and the affidavits. The court mandates that the petitioner make sure multiple copies are filed.

A writ is an effective legal tool that upholds citizens’ fundamental rights and assures justice. It is served with impartiality and speed. It is crucial to remember that different jurisdictions may have different laws and regulations. For this reason, depending on the particular case and its circumstances, it is strongly advised to consult legal experts. 

Reputable legal service providers like Lead India Law can be extremely helpful for thorough assistance with legal paperwork and procedures.

For any type of legal assistance, one can talk to lawyer from Lead India. Lead India provides free online legal advice in India. With Lead India, one can ask free online questions of the experts in addition to getting free legal advice.