Practice Areas
General information on writ petitions, constitutional remedies, judicial review, administrative action, passport and LOC matters, foreigners, deportation, public authorities, service matters, PIL and related High Court and Supreme Court proceedings in India.
High Courts have the power to issue writs and directions under Articles 226 and 227 of the Constitution for enforcement of fundamental rights and for any other purpose. This page provides general legal information on constitutional remedies, judicial review of administrative action and related writ proceedings, including passport, LOC, foreigners, deportation, public authorities, service matters and PIL.
Article 226, Article 227, writ jurisdiction, public law and constitutional remedies.
Article 226 empowers High Courts to issue writs against the State and other authorities; Article 227 confers supervisory jurisdiction over courts and tribunals within their territory.
Habeas Corpus, Mandamus, Certiorari, Prohibition and Quo Warranto.
Each writ addresses a different situation — unlawful detention, non-performance of a public duty, quashing of decisions, preventing excess of jurisdiction, and challenges to the right to hold public office.
Articles 14, 19, 21 and 22, constitutional protections and related remedies.
Part III of the Constitution guarantees fundamental rights including equality, freedoms, life and personal liberty; Article 32 provides a direct remedy before the Supreme Court.
Government orders, statutory authorities, administrative decisions and public power.
Courts may examine administrative action on grounds such as illegality, irrationality, procedural impropriety and proportionality.
Opportunity of hearing, reasoned orders and procedural fairness.
Principles of natural justice generally require a fair hearing, an unbiased decision-maker and a reasoned order, subject to statutory exceptions.
Central/State Government, DDA, MCD, regulatory and academic authorities.
Decisions of government departments, development authorities, municipal bodies, regulators and universities may be subject to writ jurisdiction where public functions are involved.
Passport orders, Look Out Circular, travel restrictions and right to travel abroad.
The right to travel abroad has been recognised as part of personal liberty under Article 21. Passport and LOC matters may be examined by High Courts in appropriate cases.
See also: Immigration Matters.
FRRO, deportation, blacklisting, leave India notices and other immigration-related orders.
Orders under the immigration and foreigners laws, including those of the FRRO, may in certain cases be examined through writ proceedings before the High Court.
See also: Immigration & Citizenship.
Service matters, CAT orders, promotions, disciplinary action, pension and administrative decisions.
Service disputes of Central Government employees are generally heard by the Central Administrative Tribunal, with further remedies before the High Court.
See also: labour and employment matters.
Habeas corpus, preventive detention, illegal custody and criminal writ jurisdiction (W.P.(CRL.)).
Writs of habeas corpus and criminal writ petitions concern personal liberty, including preventive detention and alleged unlawful custody.
See also: Criminal Law & Bail.
PIL in matters of public importance, environment, women and children, and other public law issues.
Public interest litigation permits courts to examine matters of wider public importance, subject to guidelines on bona fides and locus.
Delhi High Court writ proceedings, Article 32, Article 136/SLP and related constitutional jurisdiction.
Constitutional proceedings may be brought before the Delhi High Court under Article 226 or the Supreme Court under Article 32, with further remedies by special leave under Article 136.
Dr. Anand Duggal is an Advocate registered to practise in India. This website contains general professional, legal-awareness and informational material. Information concerning foreign laws, visa systems, immigration or citizenship processes is provided for general informational purposes and does not imply admission, authorisation or entitlement to practise law in any foreign jurisdiction. Nothing on this website should be construed as advertising, solicitation or a guarantee of any legal or other outcome.