Constitutional Foundation of Writs

The power to issue writs is a basic feature of the Constitution:

Typical Writ Petition Process

While each case is unique, the general procedure follows these steps:

The Five Types of Writs

These are the specific remedies available under writ jurisdiction.

The High Courts and Supreme Court can issue five specific types of writs, each serving a distinct purpose in upholding the rule of law.

Writs Against the State & Authorities

Holding Government & Public Bodies Accountable

The primary purpose of writ jurisdiction is to ensure that all arms of the government and public authorities act fairly, lawfully, and within their prescribed powers. We specialize in challenging unlawful state action to protect the rights of citizens and businesses.

Who Can a Writ Be Filed Against?

Writs can be filed against "the State" as defined under Article 12 of the Constitution, which includes:

• The Government of India and Parliament.
• The Government of any State and its Legislature.
• All local 'authorities' (e.g., Municipal Corporations, Panchayats).
• Other 'authorities' (e.g., Public Sector Undertakings (PSUs), Universities, and other bodies controlled by the government).

Common Grounds for Writs Against the State

• Arbitrary Action: Challenging decisions that are unreasonable, irrational, or made without basis.
• Violation of Fundamental Rights: Enforcing rights to equality, free speech, life, and liberty.
• Illegal 'Government Orders': Challenging government orders (GOs), circulars, or notifications that are unconstitutional or ultra vires (beyond their power).
• Breach of Natural Justice: Challenging orders passed without giving a fair hearing (audi alteram partem).

Writs Against Quasi-Judicial Bodies & Tribunals

Ensuring Fairness & Legality from Tribunals

Modern governance relies on numerous tribunals and quasi-judicial bodies to adjudicate disputes (e.g., NCLT, DRT, Tax Tribunals). While these bodies have expertise, their orders are not immune from judicial review.

Judicial Review of Tribunal Orders

We file writ petitions (primarily Certiorari) to challenge tribunal orders on several grounds:

Public Interest Litigation (PIL)

Using the Law for the Public Good

Public Interest Litigation (PIL) is a unique feature of Indian law. It allows any citizen or organization to file a petition in the High Court or Supreme Court to protect the rights of the public, particularly those who are poor, marginalized, or unable to approach the court themselves.

Key Features of a PIL

A PIL is different from regular litigation in several ways:

• No Private Interest: The petition must be for the enforcement of a public right, not a private grievance.
• Relaxed Locus Standi: The person filing the PIL does not need to be the direct victim. They are acting on behalf of the public.
• Wide Range of Issues: PILs can be filed for environmental protection, public health, good governance, corruption, and more.
• Proactive Judiciary: The court often takes a more active role in PILs, appointing committees and monitoring implementation of its orders.

We have experience in drafting and arguing PILs on significant public issues, as well as defending public bodies and corporations against PILs.

Service & Election Matters

Navigating Public Employment & Election Law

Writ petitions are the primary remedy for two specialized and complex areas of law: Service Law (governing public employment) and Election Law.

Appeals & Special Leave Petitions (SLPs)

Challenging Writ Judgments in Appellate Courts

A decision from a High Court in a writ petition is not necessarily the end of the road. The legal process provides for appeals to ensure that justice is correctly served and that complex questions of law are settled by higher courts.

The Appellate Process in Writ Matters

We handle all stages of constitutional appeals:

• Writ Appeal / Letters Patent Appeal (LPA): This is an appeal from the judgment of a single judge of the High Court to a 'Division Bench' (comprising two or more judges) of the *same* High Court. This is the first level of appeal.
• Special Leave Petition (SLP) - Article 136: This is the petition filed before the 'Supreme Court' seeking "special leave" (permission) to appeal against *any* judgment or order from any court or tribunal in India, including the final order in a Writ Appeal.
• Defending Appeals: We also represent clients who have won their writ petition and need to defend that favorable judgment in an appeal filed by the opposing party (e.g., the government).

Our team is experienced in drafting and arguing complex matters of constitutional and administrative law before Division Benches and the Supreme Court.