The Supreme Court recently said borrowers, aggrieved by proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI) 2002 by the bank or the assets reconstruction company (ARC), have to avail the remedy under this law and no writ petition would be maintainable.
Context
The Supreme Court recently said borrowers, aggrieved by proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI) 2002 by the bank or the assets reconstruction company (ARC), have to avail the remedy under this law and no writ petition would be maintainable.
What is a Writ Petition?
- Writ Petition is an order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. Writ is a form of written command in the name of the court.
- It directs you to act in a specific way.
Type of Writs in the Constitution of India
- The Indian Constitution gives the power to the Supreme Court, where it issues Writ Petitions in India for the enforcement of any fundamental rights guaranteed under Article 32 of the Indian Constitution.
- The power to issue a writ petition in India is primarily a provision - to the Right of Constitutional Remedies to every citizen and this right acts as a guarantor of all other fundamental rights in India.
- There are five writ petition types in the Indian constitution, which can be filed either before the High Court or Supreme Court such as:
- Habeas Corpus
- Mandamus
- Prohibition
- Certiorari
- Quo Warranto
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The process to file writ
- In the Indian legal system, a writ petition can be filed or drafted under Article 226 in the High Court and under Article 32 of the Indian Constitution in the Supreme Court.
- Article 32 and Article 226 of the Indian constitution elaborate on the process and meaning of the writ petition.
- Further, the Parliament (under Article 32) can empower any other court to issue these writs.
- Since no such provision has been made so far, only the Supreme Court and the high courts can issue the writs and not any other court.
