Exploring Writ Jurisdiction of Calcutta High Court

WRITS UNDER THE CALCUTTA HIGH COURT: A COMPREHENSIVE LEGAL ANALYSIS

The writ jurisdiction of the Calcutta High Court represents one of the most powerful constitutional remedies available to citizens seeking justice against rights violations. This detailed analysis explores the historical foundations, types, applications, and procedures of writs, with special focus on the Calcutta High Court’s jurisdiction. Writs serve as the guardians of fundamental rights, providing swift and effective remedies when ordinary legal recourse proves inadequate or unavailable. The Calcutta High Court, with its rich jurisprudential legacy as India’s oldest High Court, has developed a robust framework for writ jurisdiction that continues to evolve through landmark judgments.

Historical Background and Jurisdiction of Calcutta High Court

The Calcutta High Court holds the distinction of being the oldest High Court in India. Established on July 1, 1862, under the High Court’s Act of 1861, it was formally inaugurated with Sir Barnes Peacock as its first Chief Justice^[1]. The court’s impressive neo-Gothic building, designed by Walter Granville in 1872, was modeled after the 13th-century Cloth Hall at Ypres, Belgium^[1].
The jurisdiction of the Calcutta High Court extends over the entire state of West Bengal and the Union Territory of the Andaman and Nicobar Islands^[1]. This jurisdictional reach was expanded through the Calcutta High Court (Extension of Jurisdiction) Act, 1953, which included Chandernagore (now Chandannagar) and the Andaman and Nicobar Islands^[1]. Besides its principal seat in Kolkata, the court operates Circuit Benches in Port Blair and Jalpaiguri^[1].
Several notable milestones mark the court’s history. Justice Sumboo Nath Pandit, appointed on February 2, 1863, became the first Indian judge of the Calcutta High Court^[1]. Romesh Chandra Mitter was the first Indian to serve as officiating Chief Justice, while Phani Bhushan Chakravartti earned the distinction of being the first Indian permanent Chief Justice^[1]. Currently, the court functions with a sanctioned judge strength of 72^[1].

Constitutional Framework of Writs

Types of Writs in the Indian Constitution

The Constitution of India provides for five types of writs under Articles 32 and 226, which can be issued by the Supreme Court and High Courts respectively:

Habeas Corpus: Literally meaning “to have the body,” this writ safeguards personal liberty against illegal detention by public authorities or private individuals^[2]. It serves as a crucial check against arbitrary detention and enforced disappearances.
Mandamus: This writ, meaning “we command,” directs public authorities to perform their statutory duties when they have failed to do so^[2]. It cannot be issued against private individuals unless they are performing public functions.
Prohibition: Used to prevent lower courts or tribunals from exceeding their jurisdiction, this writ stops judicial or quasi-judicial authorities from proceeding with cases beyond their legal competence^[2].
Certiorari: Similar to prohibition but issued after an order has been passed, certiorari quashes decisions made by lower courts or tribunals that have acted without or in excess of their jurisdiction^[2].
Quo Warranto: This writ challenges a person’s right to hold public office^[2]. It ensures that only those legally entitled can occupy public positions, thus preventing unauthorized appointments.

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Fundamental Rights and Writ Remedies

The relationship between fundamental rights and writs is intrinsic, as writs serve as the enforcement mechanism for constitutional guarantees. When fundamental rights are violated, citizens have the right to petition the Supreme Court or High Courts for appropriate writ remedies^[2].
The fundamental rights protected under the Indian Constitution include:

Right to Equality (Articles 14-18): Guarantees equality before law and equal protection of laws
Right to Freedom (Articles 19-22): Protects various freedoms including speech, expression, assembly, and movement
Right against Exploitation (Articles 23-24): Prohibits human trafficking and child labor
Right to Freedom of Religion (Articles 25-28): Ensures religious freedom and secular governance
Cultural and Educational Rights (Articles 29-30): Protects the interests of minorities
Right to Constitutional Remedies (Article 32): Provides the right to approach the Supreme Court for enforcement of fundamental rights

Writ Jurisdiction of Calcutta High Court

The writ jurisdiction of the Calcutta High Court stems from Article 226 of the Constitution, which empowers it to issue writs not only for the enforcement of fundamental rights but also for “any other purpose.” This broader jurisdiction makes the High Court’s writ powers particularly significant.
The Calcutta High Court has established specific rules governing writ petitions under “The Rules on the Appellate Side of the High Court at Calcutta” relating to applications under Article 226. These rules provide the procedural framework for filing and processing writ petitions.

Sub-classification of Writs in Calcutta High Court

Writ petitions in the Calcutta High Court are broadly classified into several categories:

Writs for enforcement of fundamental rights: These address direct violations of constitutionally guaranteed rights
Writs for purposes other than enforcement of fundamental rights: These deal with other legal rights and statutory violations
Habeas Corpus applications: These form a special category given their importance in protecting personal liberty
Public Interest Litigations (PILs): These allow any public-spirited person to approach the court for the larger public interest
Service matters: These deal with employment-related issues in government and public sector undertakings
Environmental matters: These address ecological concerns requiring urgent judicial intervention
Additionally, the Calcutta High Court follows a roster system where different types of writ matters are allocated to specific benches as determined by the Chief Justice^[3]. The Supreme Court has emphasized that the Chief Justice, as primus inter pares (first among equals), holds exclusive authority to set the roster, which is binding on all companion justices of the court^[3].

Leading Judgments on Writs

Several landmark judgments have shaped the application and scope of writs in the Calcutta High Court and beyond:

Supreme Court on Calcutta HC’s Jurisdictional Boundaries (2025): The Supreme Court set aside a Calcutta High Court order for lack of jurisdiction, emphasizing that any adjudication beyond allocated jurisdiction is void and must be treated as a nullity^[3]. The Court affirmed that the Chief Justice’s roster decisions are final and binding on all companion justices.
Writ Jurisdiction for Commercial Transactions (Calcutta HC, 2022): The Calcutta High Court held that “even in an ordinary commercial transaction between a private person and a public body where some element of public law is involved, the jurisdiction of the writ court can be invoked”^[4]. However, this is constrained to cases where disputed questions of fact are not intricate or complex.
PIL Regarding Justice Amrita Sinha’s Determination (Calcutta HC, 2024): A PIL sought modification of Justice Amrita Sinha’s determination in cases related to police action/excesses^[5]. The division bench placed the matter before the Chief Justice for proper adjudication, recognizing that the issue pertained to administrative powers.
Calcutta HC on Corruption in High Places (2025): In the R.G. Kar Medical College case involving financial irregularities, the court observed that “corruption in high places has serious impact on public confidence in the affairs of the state” and that “a prompt trial of persons accused of corruption would reinforce the faith of the people in the justice delivery system”^[6].
OBC Reservation Case (Calcutta HC): The court addressed the identification and sub-classification of OBCs, stressing the importance of proper consultation with statutory commissions^[7]. It held that “the sub-classification of the 77 classes was admittedly done without consulting the Commission,” making it “ex-facie illegal and in violation of the Act of 1993 and the law declared by the Supreme Court”^[7].
Muralidhar Rao v. State of AP (2010): Cited in Calcutta High Court proceedings on OBC classification, this judgment established that “once there is evidence of illegality and impropriety in the identification process, the onus shifts on the State to justify the inclusion of the classes under 16(4)”^[7].
State Bank of India v. Sheo Shankar Tewari (2019): Referenced in a Calcutta High Court order, this case involved a reference to a larger bench on matters related to compassionate appointment^[3].
C. Santhosh v. State of Karnataka (2020): This Supreme Court judgment by a three-judge bench was cited in Calcutta High Court proceedings regarding compassionate appointment cases^[3].
Indra Sawhney Case: This landmark Supreme Court judgment established criteria for identifying backward classes and permissible reservations, frequently cited in Calcutta High Court cases on reservation matters^[7].
PMK v. A. Meyilerumperumal (2023): Referenced in Calcutta High Court proceedings, this case addressed the necessity of statutory authorization for conducting studies related to backward classes identification^[7].

Writs against Private Persons

Traditionally, writs were understood to be applicable only against the state and its instrumentalities. However, jurisprudential developments have expanded their scope to include certain private entities under specific circumstances.
The Calcutta High Court’s 2022 ruling significantly clarified this area, stating that writ jurisdiction can be invoked for commercial transactions between private persons and public bodies that involve an element of public law^[4]. However, the court stipulated an important limitation: this application is constrained to cases involving disputed questions of fact that are not intricate or complex and can be established through evidence affidavits^[4].
The court distinguished between categories of disputed questions of fact, holding that writ jurisdiction should be avoided when adjudication requires sifting through “heavy and voluminous evidence,” for which civil proceedings would be more appropriate^[4].

Applications of Writs in Specific Scenarios

Writs for Police Inaction

When faced with police inaction, citizens can seek writ remedies after exhausting alternative remedies. The Karnataka High Court case mentioned in the search results, where a station house officer was directed to clean the road in front of his police station for failing to take note of an abduction complaint, illustrates judicial response to police inaction^[8].
Before approaching the High Court with a writ petition, one should:

Submit a written complaint to the Superintendent of Police, who can appoint an officer to investigate if merit is found in the case^[8]
Consider filing a Zero FIR at another police station, which will be transferred to the appropriate jurisdiction^[8]
Approach the District/Judicial Magistrate directly with a private complaint^[8]
Contact complaint forums like the National/State Human Rights Commission^[8]
If these remedies prove ineffective, a writ of mandamus can be sought directing the police authorities to perform their statutory duties of investigation.

Writs against Illegal Construction

Illegal construction cases can be addressed through writ petitions when local authorities fail to take action. The procedure typically involves:

Filing a complaint with the local body that issued the building permit, highlighting violations of building rules^[9]
Requesting the authority to inspect the premises and take appropriate action, including directions to stop or remove illegal construction^[9]
If the authority fails to act, filing a writ petition seeking mandamus directing them to take action on the complaint^[9]
In certain cases, approaching the High Court directly with a writ petition highlighting the illegalities^[9]
As advised in legal opinions, “If the construction carried out by your neighbour is illegal, you can approach the concerned Local Self Government Institution by submitting a representation highlighting the illegalities committed by him and request the authority to stop the illegal construction”^[9].

Writs regarding RTI Applications

The Right to Information Act provides specific appellate mechanisms, but writ remedies become crucial when these mechanisms fail. A case from the search results shows how information was denied under Section 8(1)(h) of the RTI Act without proper justification, described as “illegal but complete ignorance of Law and deliberate denial of settled proposition of Law”^[10].
When RTI applications are improperly denied or delayed:

First exhaust the statutory appeals process under the RTI Act
If the Information Commission fails to provide relief, approach the High Court with a writ petition
The writ petition can challenge the denial on grounds such as arbitrary action, non-application of mind, or violation of statutory provisions

Writs in Service Matters

Service matters frequently form the subject of writ petitions. A writ petition filed for “payment of interest on Revised gratuity and Arrear pension for delayed payment of the principal amount”^[11].
In service matters, writs of mandamus or certiorari are commonly sought to:

Direct authorities to consider representations or applications
Quash arbitrary transfer or suspension orders
Challenge discriminatory promotion policies
Secure retirement benefits
Contest disciplinary proceedings conducted in violation of principles of natural justice
The petition explicitly stated that “there is no other alternative legal remedy” available to the petitioner, which is often a prerequisite for invoking writ jurisdiction^[11].

Writs in Corruption Matters

Corruption cases can be effectively addressed through writ jurisdiction, particularly through PILs. The Calcutta High Court’s observations in the R.G. Kar Medical College case highlight the judicial approach to corruption: “Corruption in high places has serious impact on public confidence in the affairs of the state” and “a prompt trial of persons accused of corruption would reinforce the faith of the people in the justice delivery system”^[6].
In this case, the court was dealing with financial irregularities at a medical establishment, emphasizing that the allegations were “very serious” and that both the public’s faith in the justice system and the accused’s right to a fair trial necessitated prompt proceedings^[6].

Public Interest Litigation (PIL)

Public Interest Litigation has revolutionized access to justice by allowing any public-spirited person to approach the court on behalf of disadvantaged sections of society or to address matters of general public interest.

Filing a PIL in Calcutta High Court

the process for filing a PIL includes:

Finding Legitimate PIL Grounds: Identify genuine public interest issues such as environmental contamination, human rights violations, public health concerns, educational deficits, corruption in public administration, labor issues, or religious freedom^[12].
Establishing a Strong Basis: Gather comprehensive documentation including statistics from reliable sources, official documents, government reports, media coverage, academic research, and statements from affected communities^[12].
Legal Research and Framework: Identify constitutional provisions, statutes, precedents, and international conventions that support your case^[12].
Drafting the PIL: Prepare a comprehensive petition following the specific format required by the Calcutta High Court, including facts, legal grounds, evidence, and specific prayers for relief^[12].
Filing the Petition: Submit the petition to the PIL cell of the Calcutta High Court with required court fees and supporting documents, ensuring compliance with Rule 56 of the writ rules governing PIL filings^[12].
The Calcutta High Court, like other High Courts, scrutinizes PILs carefully to ensure they genuinely serve public interest rather than private grievances. The case mentioned in search result #4, where a PIL was filed seeking modification of a judge’s determination in cases related to police action, illustrates how PILs can address systemic issues in the administration of justice^[5].

Procedure for Filing Writs in Calcutta High Court

the procedure for filing writ petitions in the Calcutta High Court involves:

Preparation of Petition: The petition must be drafted in the prescribed format, including:
- Title indicating Constitutional Writ Jurisdiction, Appellate Side^[11]
- Details of the petitioner and respondents
- Facts of the case and chronology of events
- Grounds for seeking the writ
- Prayers for specific relief
Essential Declarations: The petition typically includes statements that:
- The matter is within the territorial jurisdiction of the High Court^[11]
- No other petition is pending on the same facts (“Your petitioner states that on the same facts of cause of action neither any writ petition is pending”)^[11]
- There is no other alternative legal remedy available (“That there is no other alternative legal remedy”)^[11]
- The application is made bonafide and for the ends of justice (“That the application is made bonafide and for the ends of justice”)^[11]
Filing Process:
- Submit the petition to the Registrar with prescribed court fees
- Include all relevant documents as annexures
- Provide copies for service to respondents, including the Government Pleader
- The petition is then listed before the appropriate judge as per the roster
Hearing Process:
- Initial listing as “Motion”^[11]
- If a prima facie case is made out, a Rule is issued
- Respondents file their affidavits in opposition
- Final hearing and disposal by making the Rule absolute or dismissing it

Conclusion

The writ jurisdiction of the Calcutta High Court, stemming from its rich historical legacy as India’s oldest High Court, continues to evolve as a vital constitutional mechanism for protecting citizens’ rights and ensuring administrative accountability. From its traditional role in safeguarding fundamental rights to its expanded scope in addressing issues like police inaction, illegal construction, service matters, and corruption, writs remain indispensable tools for securing justice.
Recent judgments have further refined the parameters of writ jurisdiction, clarifying when private entities can be subject to writs and emphasizing the importance of jurisdictional propriety within the court itself. The development of PIL has democratized access to this powerful remedy, allowing concerned citizens to address broader public interest concerns through writ petitions.
As India faces increasingly complex legal challenges, the writ jurisdiction of the Calcutta High Court continues to adapt, balancing the need for prompt and effective remedies with respect for procedural safeguards and jurisdictional limitations. This dynamic evolution ensures that writs remain a vibrant and relevant constitutional remedy in contemporary India.

Resouces: Classification list of different types of writ proceedings

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Writs Under The Calcutta High Court: A Comprehensive Legal Analysis