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Laches and Delay in Writs

Prerogative Writs & Extraordinary Remedies

Definition

An equitable doctrine holding that if a petitioner approaches the constitutional court after an unreasonable, unexplained delay, the court will decline to exercise its discretionary writ jurisdiction under Article 226.

Example

In State of M.P. v. Bhailal Bhai, the Supreme Court held that while the Limitation Act does not directly apply to Article 226 petitions, an unexplained delay equivalent to the statutory civil limitation period generally disentitles the petitioner to writ relief.