10Regulatory
Constitutional & Public Law
Writ petitions and constitutional remedies before the High Court and Supreme Court.
Matters involving the actions of public authorities, statutory bodies and the State often call for constitutional remedies. We advise on, and represent clients in, writ proceedings and public law matters before the High Court and Supreme Court.
Services & Matters Handled
- Writ petitions (certiorari, mandamus, habeas corpus)
- Challenges to administrative and executive action
- Public law and regulatory matters
- Service-related constitutional matters
What To Bring
Typical information that helps us assess a matter of this kind:
- Relevant orders, notices or communications from the authority concerned
- Supporting documentation
- A clear statement of the grievance
How a matter of this kind proceeds
Identifying the remedy
We assess whether the grievance is amenable to writ jurisdiction, which writ is appropriate, and whether an alternative statutory remedy must be exhausted first.
Representation to the authority
Where a representation has not been made, one is often required before the court will entertain a petition. We prepare it.
Filing and admission
The petition is filed and listed for admission, where notice is issued and interim protection may be sought.
Counter affidavit and hearing
The authority files its counter, a rejoinder follows, and the matter is heard and decided.
Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.
Common questions
When can I file a writ petition instead of a civil suit?
Writ jurisdiction is directed at the State and at bodies performing public functions, and is concerned with the legality of their action rather than with private disputes. Where the grievance is against a private party on a contractual matter, a suit is ordinarily the correct route.
Must I exhaust other remedies first?
As a general rule the court expects an available statutory appeal or remedy to be used before it exercises writ jurisdiction, though there are recognised exceptions — including where the action is wholly without jurisdiction or fundamental rights are engaged. We advise on which applies.
Is there a time limit?
No fixed limitation period applies to writ petitions, but the court expects them to be brought promptly, and unexplained delay is itself a ground on which relief is refused. Delay is worth avoiding.
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