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11Regulatory

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 and matters handled

  • Writ petitions (certiorari, mandamus, habeas corpus)
  • Challenges to administrative and executive action
  • Public law and regulatory matters
  • Service-related constitutional matters

How a matter of this kind proceeds

  1. Identifying the remedy

    1–2 weeks

    We assess whether the grievance is amenable to writ jurisdiction, which writ is appropriate, and whether an alternative statutory remedy must be exhausted first.

  2. Representation to the authority

    As the statute or scheme provides

    Where a representation has not been made, one is often required before the court will entertain a petition. We prepare it.

  3. Filing and admission

    Ordinarily listed within days of filing

    The petition is filed and listed for admission, where notice is issued and interim protection may be sought.

  4. Counter affidavit and hearing

    Governed by court listing

    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.

Related practice areas

All practice areas
12

Intellectual Property

Advisory and enforcement support for trademark, copyright and related IP matters.

Including: Trademark and copyright disputes; IP infringement and passing-off matters

13

Consumer Disputes

Representation before consumer forums in goods and services disputes.

Including: Complaints before District, State and National Consumer Commissions; Deficiency-of-service matters

01

Civil Litigation

Representation in civil suits, injunctions and recovery proceedings before Delhi’s trial courts and High Court.

Including: Civil suits and recovery actions; Injunctions and interim relief

A constitutional & public law matter of your own?

Write to us with a short description of it, and we will tell you what it turns on and what the options are. Nothing sent through this site is a retainer.

+91 98108 06329

Monday – Saturday, 10:00 AM – 6:30 PM

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