Advisory on filing and defending Public Interest Litigation before High Court and Supreme Court
Writ jurisdiction under Articles 226 and 227 of the Constitution of India is the most potent remedy against arbitrary, illegal or unconstitutional action by the State, its instrumentalities, statutory authorities and tribunals. The five classical writs — habeas corpus, mandamus, certiorari, prohibition and quo warranto — together with the High Court’s extraordinary supervisory power, allow an aggrieved person to seek quashing of orders, compulsion to perform statutory duties, restraint on excess jurisdiction, and release from unlawful detention. AMLEGALS represents petitioners and respondents in writ proceedings across every High Court in India, with particular depth in tax, regulatory, service-law and commercial-regulatory matters.
The Supreme Court exercises writ jurisdiction under Article 32 exclusively for enforcement of fundamental rights, while the High Court’s jurisdiction under Article 226 extends to any person or authority, including the government, within its territorial jurisdiction for enforcement of fundamental rights as well as for any other purpose. The availability of an alternative efficacious remedy does not automatically bar writ jurisdiction where the impugned action is wholly without jurisdiction, violates natural justice, or is ex facie unconstitutional. Interim relief — stay of the impugned order, status-quo direction, or ad-interim injunction — is frequently the most critical relief in the first instance. AMLEGALS drafts, files and argues writ petitions, interim applications, counter-affidavits, rejoinders and special leave petitions.
Drafting comprehensive writ petitions under Articles 226 and 32 with supporting affidavits, annexures and compilations of precedent.
Filing stay, status-quo and ad-interim injunction applications with urgency classification and admission-day strategy.
Presenting oral and written arguments at admission, interim and final hearing stages before Division and Single Benches.
Drafting and filing counter-affidavits on behalf of respondents and rejoinder affidavits on behalf of petitioners.
Advising on and filing special leave petitions under Article 136 before the Supreme Court against High Court writ orders.
Filing contempt petitions for wilful non-compliance with writ orders and pursuing enforcement of directions.
Article 226 empowers every High Court to issue writs, orders or directions to any person or authority, including the Government, within its territorial jurisdiction for the enforcement of fundamental rights and for any other purpose. Unlike Article 32, which is limited to fundamental rights, Article 226 covers any legal right.
A writ petition may be entertained despite the availability of an alternative remedy where the impugned action is wholly without jurisdiction, violates principles of natural justice, is ex facie unconstitutional, or where the alternative remedy is not efficacious. The rule of alternative remedy is a rule of discretion, not a rule of compulsion.
The High Court may grant stay of the impugned order, status-quo direction, ad-interim injunction, or any other appropriate interim relief to protect the petitioner’s rights pending final hearing. The court considers prima facie case, balance of convenience and irreparable injury.
A writ petition under Article 226 may be filed against a private body that performs a public function or is an instrumentality of the State under Article 12. The test is whether the body is performing a public duty or function and whether there is a sufficient connection with the State.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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