Writ Jurisdiction: When Article 102 Is the Right Door

Article 102 of the Constitution allows the High Court Division to give directions where there is no other equally efficacious remedy. Two questions decide whether a writ lies: is the respondent performing a public function, and is there an alternative remedy that is real rather than theoretical?

Typical writ matters

• Service and promotion disputes of public servants.
• Cancellation of licences, permits and enlistments.
• Illegal detention and habeas corpus.
• Regulatory action by statutory bodies.
• Public-interest matters affecting a class of citizens.

What defeats a writ

Delay, suppression of facts, an available statutory appeal, and disputed questions of fact that need evidence. Where facts are seriously contested, a suit is usually the honest answer.