Writ petition – legal weapon of a common man against government
A government is responsible to providing the facility of education, electricity, water supply, providing the land for build the home, transport services like state roadways, medicine for health purpose, providing the food to poor people and all for this, government made the different-different institution like hospital, govt. school and college, electricity board, ration depot etc… in other words all those services are the basic needs of the people and government have to provide all these things to the people is mandatory.
In this no doubt, people are direct or indirect depend upon the government and when a group of the people not satisfied by the working of the government or any policy affected adversely to the people. Then people raise their voice against the government by the mode of strike and Band (Chaka Jaam). Strike is the one of the best weapon of the employee against the government used the name of the union of the employee for example strike of the doctor and If common people will feel aggrieved any decision, policy their weapon is band means traffic block, shop closed all over the state etc..
But when the strength of people is very less who affected from the decision of the government and their fundamentals rights infringed. Then what they can do and how raise their voice against govt.? Answer is WRIT. By way of filling a writ petition against the govt.
We might thought that how our fundamental rights are protected and what are the safe guarding measures granted by our constitution for the proper enforcement of fundamental rights. Here comes the importance of writs. Article 13 clearly states that laws inconsistent with or in derogation of the fundamental rights are void. The Supreme Court (Under Article 32) and The High Courts(Under Article 226) are empowered to issue writs for the enforcement of fundamental rights against any authority.
“Writ”An order issued by a court requiring that something be done or giving authority to do a specified act. Here court is (High Court or Supreme Court)
Article 12 has defined “State” to include the Government and Parliament of India, and the government and legislature of the states and all local or other authorities within the territory of India or under the control of the government of India. The expression “other authorities” has been interpreted to cover citizens, business, and organizations and therefore such organizations also are amenable to the writ jurisdiction of the courts.