Writs & Supreme Court

Writ Petition under Article 32 of the Constitution

A Writ Petition under Article 32 of the Constitution of India is a direct petition to the Supreme Court for the enforcement of fundamental rights guaranteed under Part III of the Constitution. Article 32 itself is a fundamental right, and the Supreme Court is empowered to issue directions, orders, or writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for this enforcement.

This petition is filed under the Supreme Court's original jurisdiction, either civil or criminal. It is the primary constitutional remedy against state action that violates fundamental rights and is also the vehicle for Public Interest Litigation (PIL) on systemic constitutional issues.

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Governing law
Constitution of India Art 32; Supreme Court Rules 2013, Order XXXVIII
Sections
s. Article 32s. Article 14s. Article 19s. Article 21s. Order XXXVIII Rule 1s. Order XXXVIII Rule 12
Filed before
Supreme Court of India (Civil Original Jurisdiction / Criminal Original Jurisdiction)

When this is the right filing

  • To directly enforce a fundamental right (e.g., under Articles 14, 19, or 21) that has been violated by a 'State' action as defined under Article 12.
  • To file a Public Interest Litigation (PIL) addressing a systemic violation of fundamental rights affecting a class of persons.
  • To seek a writ of habeas corpus for illegal detention or matters of custodial liberty, bypassing a High Court under Article 226.
  • To challenge the constitutional validity of a central or state law on the ground that it infringes upon fundamental rights.
  • Do not use this petition if the matter can be effectively adjudicated by a High Court under Article 226, unless a specific case for bypassing that remedy is made out.

What the court looks for

  • A clear pleading of which specific fundamental right(s) have been violated and how the impugned action constitutes a breach.
  • A complete and accurate Listing Proforma (Proforma for First Listing) as mandated by the Supreme Court Registry for all filings.
  • For a PIL, a specific affidavit under Order XXXVIII Rule 12(2) of the Supreme Court Rules, 2013, stating that the petitioner has no personal gain in the litigation.
  • A precise synopsis and list of dates establishing the chronology of events leading to the cause of action.
  • Proper identification of the jurisdiction invoked, clearly stating whether it is 'Civil Original Jurisdiction' or 'Criminal Original Jurisdiction'.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Index
  2. 2Proforma for first listing
  3. 3Synopsis and list of dates
  4. 4List of dates & events
  5. 5Facts
  6. 6Question of law
  7. 7Grounds
  8. 8Ground for interim relief
  9. 9Main prayer
  10. 10Prayer for interim relief
  11. 11Certificate
  12. 12Affidavit
  13. 13Affidavit under order xxxviii rule 12(2) — no personal gain
  14. 14Appendix-i
  15. 15Memo of parties (position of the parties)
How it opens
The present Writ Petition is filed under Article 32 of the Constitution of India, which itself constitutes a guaranteed fundamental right (*Romesh Thappar v. State of Madras*, AIR 1950 SC 124), seeking enforcement of the fundamental right(s) of the Petitioner(s) under [fundamental rights violated] of the Constitution of India, violated by the impugned [impugned nature] of the Respondent(s).

Bracketed items are filled from your case.

Frequently asked questions

When should a petition be filed under the Supreme Court's Criminal Original Jurisdiction instead of Civil Original Jurisdiction?

Criminal Original Jurisdiction is invoked for writ petitions concerning custodial liberty, primarily for habeas corpus matters under Articles 21 and 22. Civil Original Jurisdiction is used for the majority of other Article 32 petitions involving civil fundamental rights violations in administrative or regulatory contexts.

Is there a court fee for filing a Writ Petition under Article 32?

Yes, for petitions filed under Civil Original Jurisdiction, a court fee of ₹500 per petitioner is applicable. No court fee is required for petitions filed under Criminal Original Jurisdiction, such as habeas corpus matters.

What is the mandatory 'Listing Proforma' and who prepares it?

The Listing Proforma, or 'Proforma for First Listing', is a mandatory form prescribed by the Supreme Court Registry that must be included in all filings. It is drafted and certified by the Advocate-on-Record and is placed in the paper-book after the Index, not generated by the Registry.

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