AAP Tax Law
Constitutional Law • Updated 29 August 2026

Affidavit for Writ of Certiorari under Articles 226 & 227

Updated specimen affidavit for a High Court petition seeking certiorari under Article 226 and, where legally appropriate, supervisory relief under Article 227 of the Constitution of India.

Important distinction: Article 226 and Article 227 are not interchangeable. Article 226 confers constitutional writ jurisdiction, including writs in the nature of certiorari. Article 227 confers supervisory jurisdiction over courts and tribunals within the High Court's territorial jurisdiction.

A writ of certiorari is ordinarily invoked to correct jurisdictional or serious legal error in an order or proceeding of an inferior court, tribunal or authority where the constitutional requirements for intervention are satisfied. The High Court's supervisory power under Article 227 is distinct and is exercised to keep subordinate courts and tribunals within the bounds of their lawful jurisdiction.

Article 226 High Court power to issue directions, orders and writs, including certiorari, for enforcement of fundamental rights and for any other purpose.
Article 227 Supervisory jurisdiction over courts and tribunals within the territories in relation to which the High Court exercises jurisdiction.
Alternative Remedy Availability of an effective statutory appeal or revision is an important consideration and may weigh strongly against extraordinary or supervisory intervention.

Sample Affidavit for Writ Petition Seeking Certiorari

This is a general specimen. The cause title, jurisdiction paragraph, challenge, grounds, annexures, verification and relief must be adapted to the applicable High Court Rules and the facts of the case.

IN THE HIGH COURT OF ______________________________ AT __________________
WRIT JURISDICTION
WRIT PETITION (CIVIL) NO. ______ OF 20____

____________________________ PETITIONER

VERSUS

____________________________ & ORS. RESPONDENTS

AFFIDAVIT

I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, resident of ________________________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the petitioner / authorised representative of the petitioner in the accompanying writ petition and am well acquainted with the facts and circumstances of the case. I am therefore competent to swear this affidavit.

2. That the accompanying writ petition has been prepared under my instructions. I have read and understood its contents and state that the factual averments made therein are true and correct to my knowledge and/or based on records believed by me to be true.

3. That the petitioner challenges the order / decision dated ____________ passed by ____________________________ in ____________________________, principally on the grounds stated in the writ petition.

4. That the material facts giving rise to the present petition are set out in the accompanying synopsis, list of dates and writ petition. The copies of documents filed as annexures are true copies of their respective originals / records available to the petitioner.

5. That this Hon'ble Court has territorial jurisdiction because the cause of action, wholly or in material part, arose within its territorial jurisdiction and/or the respondent authority falls within the jurisdiction contemplated by Article 226 of the Constitution.

6. That the impugned action/order is challenged, inter alia, on the ground that ________________________________________________________________________________.

7. That the petitioner has disclosed the existence and status of any statutory appeal, revision, review or other alternative remedy, if available, and the reasons for invoking constitutional jurisdiction are specifically stated in the writ petition.

8. That where relief under Article 227 is also invoked, the petitioner seeks supervisory correction only within the limits recognised by law and does not seek to convert the supervisory jurisdiction into a routine appellate rehearing.

9. That the petition is filed bona fide and without suppression of any material fact.

10. That the annexures filed with the writ petition are true copies of the documents referred to therein, subject to such certification as may be required by the applicable High Court Rules.

DEPONENT

VERIFICATION

Verified at ________________ on this ____ day of ________________, 20____, that the contents of paragraphs 1 to ____ above are true and correct to my knowledge and/or based on records and information believed by me to be true, and that nothing material has been concealed therefrom.

DEPONENT

Complete attestation, oath, identification and filing formalities in accordance with the applicable High Court Rules.

Article 226: Writ Jurisdiction and Certiorari

Article 226 empowers every High Court, throughout the territories in relation to which it exercises jurisdiction, to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for enforcement of fundamental rights and for any other purpose.

Article 226(2) also recognises territorial jurisdiction where the cause of action, wholly or in part, arises within the territory of the High Court, even if the seat of the Government or authority or the residence of the person concerned is outside those territories.

Official Constitution of India - Legislative Department

Article 227: Supervisory Jurisdiction

Article 227 gives every High Court superintendence over courts and tribunals throughout the territories in relation to which it exercises jurisdiction, subject to the constitutional exception concerning courts or tribunals constituted under laws relating to the Armed Forces.

The jurisdiction is supervisory, not a general substitute for appeal. It is ordinarily reserved for situations such as serious jurisdictional error, failure to exercise jurisdiction, exercise of jurisdiction in a manner contrary to law, patent perversity or grave injustice, depending on the facts and the availability of statutory remedies.

Commonly Recognised Grounds for Certiorari

Depending on the nature of the impugned proceeding, grounds may include lack or excess of jurisdiction, failure to exercise jurisdiction vested by law, breach of natural justice, material procedural illegality, error of law apparent on the face of the record, or a decision affected by perversity or consideration of legally irrelevant material.

Certiorari is not ordinarily a mechanism for a complete rehearing on facts merely because another view is possible. The petition should identify the precise jurisdictional or legal defect and explain why constitutional intervention is justified.

Recent Supreme Court Guidance on Article 227

In K. Valarmathi & Ors. v. Kumaresan, 2025 INSC 606, decided on 29 April 2025, the Supreme Court reiterated that Article 227 is supervisory in character and is to be exercised sparingly. The Court emphasised that the High Court should ensure subordinate courts and tribunals remain within the limits of their jurisdiction, but should not use Article 227 to usurp original jurisdiction or supplant an available statutory remedy.

Supreme Court judgment - K. Valarmathi v. Kumaresan (2025 INSC 606)

Practical Filing Notes

  • Identify whether the petition truly invokes Article 226, Article 227, or both, and draft the jurisdiction clause accordingly.
  • State the exact impugned order, date, authority/court/tribunal and proceeding number.
  • Explain territorial jurisdiction under Article 226(2), where relevant.
  • Disclose available statutory remedies such as appeal, revision or review and explain why constitutional intervention is nevertheless sought.
  • Avoid treating certiorari as a routine factual appeal. Identify the jurisdictional, procedural or legal error with precision.
  • If an interim stay is sought, separately plead urgency, prima facie case, balance of convenience and potential prejudice.
  • Follow the applicable High Court Rules regarding synopsis, list of dates, memo of parties, affidavit, annexures, pagination, court fee, attestation and e-filing.

Frequently Asked Questions

Can a High Court issue certiorari under Article 226?

Yes. Article 226 expressly includes writs in the nature of certiorari among the directions, orders and writs a High Court may issue in an appropriate case.

Is Article 227 an appellate jurisdiction?

No. Article 227 is supervisory jurisdiction. It does not ordinarily permit the High Court to act as a routine appellate court merely because another view of the facts or law is possible.

Can a judicial order of a subordinate civil court be challenged under Article 226?

The appropriate constitutional route depends on the nature of the order and the governing law. Judicial orders of subordinate civil courts are generally examined, where constitutional supervision is warranted, within the framework of Article 227 rather than by treating Article 226 as a routine substitute for statutory appellate or revisional remedies.

Does an alternative remedy always bar a writ petition?

No absolute formula applies in every case, but availability of an effective statutory remedy is an important consideration. The petitioner should disclose that remedy and clearly state the exceptional legal basis, if any, for invoking constitutional jurisdiction.

Legal information notice: This is a general drafting specimen. The correct jurisdiction, maintainability, grounds and affidavit format depend on the nature of the impugned order, statutory remedy, territorial jurisdiction and the Rules of the particular High Court.