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Writ Petition & SLP

A writ petition and SLP (Special Leave Petition) are both legal instruments used in the Indian legal system, specifically under the jurisdiction of the Supreme Court of India. Here’s a brief overview of each:

  1. Writ Petition:
  • A writ petition is a formal written request or application made to a court. In India, writ petitions are primarily filed in the High Courts under Article 226 of the Constitution of India or in the Supreme Court under Article 32.
  • Writs are orders issued by the courts to public authorities or individuals directing them to perform specific duties or to refrain from certain acts.
  • There are five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. Each writ serves a different purpose and can be filed under different circumstances.
  • Writ petitions are often used to enforce fundamental rights guaranteed under the Constitution of India. They can be filed against state or non-state actors, including government officials, private entities, or individuals.

2. Special Leave Petition (SLP):

  • SLP is a special power granted to the Supreme Court of India under Article 136 of the Constitution. It allows the Supreme Court to grant special permission to appeal against any judgment or order made by any court or tribunal in India.
  • SLP is discretionary in nature, meaning the Supreme Court has the discretion to either accept or reject the petition. It is not an appeal as of right.
  • SLP is often used in cases where there is a substantial question of law of general importance or where there has been a miscarriage of justice.
  • SLP can be filed against any judgment or order, including those passed by the High Courts, Tribunals, or any other court or authority in the country.

Both writ petitions and SLPs are crucial legal remedies available to litigants in India to seek justice, protect their rights, and challenge decisions made by lower courts or authorities. They play significant roles in upholding the rule of law and ensuring access to justice for all citizens.