A writ petition can be filed in India in the Supreme Court (under Article 32 for enforcement of fundamental rights) or in a high court (under Article 226 for enforcement of fundamental rights or other rights).
Now, there are basically two types of fundamental rights. Certain fundamental rights are guaranteed only to the citizens (for example, Article 19). On the other hand, certain other fundamental rights are guaranteed to all persons, irrespective of whether they are citizens or foreigners or legal persons like companies (for example, Article 21).
Where a fundamental right is guaranteed even to a foreigner, such as Article 21, definitely such foreigner would be in a position to file a writ petition either in high court or the Supreme Court for enforcement of his fundamental right. Otherwise, what is the meaning of having a right, and that too a fundamental right which is guaranteed in the Constitution itself, if there is no remedy to enforce such fundamental right?
Thus, it should be clear that a foreigner can file a writ petition in the high court or the Supreme Court for enforcement of his fundamental rights.
In addition, if a foreigner has been granted any other type of right either under the Constitution of India or under any other law / statute, then he may file a writ petition in the high court for enforcement of such right in appropriate cases wherever such writ may be possible.
But, of course, a foreigner cannot file a writ petition in respect of those rights which are guaranteed only to the citizens of India.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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