The answer to your question is “yes”. In certain situations, even the State can also file a writ petition before the High Court, and in practice, it is being done on several occasions. Let me explain the reason.
Under the Constitution of India, a writ petition can be filed either before the Supreme Court of India (under Article 32 of the Constitution) or before the High Court (under Article 226 of the Constitution).
A writ petition under Article 32 of the Constitution can be filed only when there is a violation of the fundamental rights of the person concerned.
However, a writ petition under Article 226 of the Constitution can be filed before the High Court not only when there is the violation of the fundamental rights or to enforce the fundamental rights but also “for any other purpose”. In this regard, clause (1) of Article 226 is reproduced below:
“226. Power of High Courts to issue certain writs.—(1) Notwithstanding anything in Article 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.”
From the above, it can clearly be seen that a writ petition under Article 226 of the Constitution can be filed before the High Court either for the enforcement of the fundamental rights (guaranteed under Part III of the Constitution) or for any other purpose.
Mainly because of this reason, in appropriate cases, the State can also file a writ petition before the High Court. In fact, I have personally seen the State filing writ petitions in the high courts on several occasions. In my own cases (i.e., cases handled by me as an advocate on behalf of my clients), the State has filed writ petitions on several occasions. For example, when the Government of India (i.e., Union of India) loses a case before the Central Administrative Tribunal (CAT) against a government servant, on most of such occasions, the Union of India files writ petition before the concerned High Court under Article 226 of the Constitution challenging such order of the Tribunal.
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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