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Writs, PILs and fundamental rights.
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Constitutional law is what you turn to when the other side is the state. It is the remedy for arbitrary government action — a licence refused without reason, a service benefit denied, a detention without cause, a policy that discriminates.
The remedy is a writ petition before the High Court under Article 226, or the Supreme Court under Article 32. It moves faster than a civil suit because it is decided on affidavits rather than oral evidence, but it is available only where a legal or fundamental right has been infringed — not for every grievance against a government office.
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Challenging arbitrary state action before the High Court.
Petitions on behalf of a class that cannot approach the court itself.
Enforcing the rights guaranteed by Part III of the Constitution.
Promotion, seniority, pension and discipline in government service.
Election petitions and challenges to the electoral process.
Producing a person held in unlawful custody before the court.
Testing the legality of a statute, rule or executive decision.
If any of these describe your situation, it is worth speaking to a lawyer early.
An arbitrary or unreasoned administrative decision can be quashed by writ.
Promotion, seniority, pension and disciplinary action in government employment.
Habeas corpus is heard on priority and can be moved by any person, not only the detenu.
A PIL, where the affected class cannot realistically approach the court itself.
Challenges to legislation on the ground that it violates fundamental rights.
Election petitions carry their own strict procedure and limitation.
Bringing these to the first consultation saves a hearing later.
Every matter differs, but most follow roughly this sequence.
Courts usually ask whether you approached the departmental authority first. A representation made and rejected materially strengthens the petition.
The grounds must identify the legal right infringed and the specific illegality. A writ is not an appeal on the merits of the decision.
The court hears the petition for admission, issues notice, and may stay the impugned order in the meantime.
Counter-affidavit, rejoinder and arguments, followed by judgment. An appeal lies to a Division Bench and then to the Supreme Court.
Article 32 lies only to the Supreme Court and only for enforcement of fundamental rights; it is itself a fundamental right. Article 226 lies to the High Court and is wider — it covers fundamental rights and “any other purpose”, meaning ordinary legal rights too. Most matters therefore begin under Article 226.
Any public-spirited person, even one not personally affected, provided the matter concerns a class that cannot approach the court itself. Courts have become strict about motive — a PIL used to settle a private score attracts costs.
No statutory limitation applies, but the court will refuse relief on the ground of delay and laches. As a working rule, move within the limitation that would apply to a suit on the same cause, and be ready to explain any delay.
Generally no. But a writ does lie against a private body performing a public function, or one substantially controlled or funded by the state — private aided institutions and certain statutory bodies, for example.
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