Mandamus, Certiorari & Prohibition
Judicial review under Article 199 of the Constitution against arbitrary government actions, statutory violations, and administrative abuse.
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Constitutional Judicial Review under Article 199
When statutory authorities, government departments, municipalities, or public officers act arbitrarily, exceed their statutory powers, or fail to perform legal duties, the ordinary civil court remedies are often ineffective. Article 199 of the Constitution of Pakistan vests the High Court with extraordinary supervisory powers of judicial review through prerogative writs.
At International Law Firm, our senior constitutional advocates practice regularly before the Peshawar High Court (Dar-ul-Qaza Mingora Bench), challenging administrative illegality and safeguarding citizen rights across the Malakand Division.
Prerogative Writs: Certiorari, Mandamus & Prohibition
- Writ of Certiorari: Quashing illegal orders passed by administrative tribunals, boards, commissioners, and public bodies that violate statutory mandates or natural justice.
- Writ of Mandamus: Compelling public officials and regulatory departments to perform mandatory duties required by law that they have unlawfully neglected.
- Writ of Prohibition: Restraining subordinate tribunals or administrative departments from proceeding in matters outside their legal jurisdiction.
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Frequently Asked Legal Questions
Essential information regarding court timelines, documentation, and client representation.
When can a citizen file a Writ Petition in the High Court?
Whenever an administrative or public authority acts without legal authority, violates fundamental rights, or fails to perform a legal duty, and there is no other adequate, prompt legal remedy available.
What is the doctrine of Natural Justice?
It guarantees that no person shall be condemned unheard (Audi Alteram Partem) and that decision-makers must be free from bias. Any administrative order passed without hearing the affected party is void.
Can the High Court grant interim stay orders in writ petitions?
Yes. Upon admitting a writ petition for regular hearing, the High Court bench routinely grants interim stay orders suspending the operation of the impugned government order.