Is a writ petition maintainable against a private bank?


Fundamental Rights has been enshrined in Part- III of the Constitution of India. It is a set of rights which are important for human existence.

Article 32 of the Constitution of India states- Remedies for enforcement of rights conferred by this Part
(1) This section provides right to a person to approach the Supreme Court by appropriate proceedings for the enforcement of his fundamental rights conferred by part III of the Constitution.

(2) The Supreme Court shall have power to issue directions or orders or writs.
Writs are coomands issued by the Supreme Court or High Court to any court or authority who acts in contravention of Fundamental Rights.
The writs which could be issued under this section are habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court, the Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court.

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Similarily, under 226 of the Constitution of India a writ pertition can be filed before High Court.

According to its judgements given by the Hon’ble Supreme Court in Federal Bank Ltd vs Sagar Thomas & Ors on 26 September, 2003 if a private bank discharges public functions then a writ petition can be filed against it under Article 32 or Article 226 of the Constitution.




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