Writ Petitions and Special Leave Petitions (SLP) notes — Unit 4

Writ petitions are extraordinary remedies. You do not file a writ for a breach of contract or to recover a loan. You file a writ when the State (Government or its agencies) violates a Fundamental Right or a statutory legal right.

⇒The Constitutional Basis

• Article 32: Filed directly in the Supreme Court. ONLY for the violation of Fundamental Rights (Part III of the Constitution).
• Article 226: Filed in the High Court. Can be filed for the violation of Fundamental Rights AND for "any other purpose" (i.e., violation of other legal rights). Thus, Art 226 is wider in scope than Art 32.

A Writ Petition (e.g., under Art 226) is drafted differently than a civil plaint. It has specific mandatory sections:

• 1. Title/Cause Title: "IN THE HIGH COURT OF [STATE]... WRIT PETITION (CIVIL) NO. ___ OF 202X". Identifies the Petitioner and the Respondents (usually the State/Govt agency).
• 2. Synopsis & List of Dates: A highly condensed summary of the entire case and a chronological timeline of events (Very crucial, as Judges read this first).
• 3. Brief Facts: Narrative of what happened.
• 4. Grounds: The legal and constitutional arguments (Why the state action is illegal).
• 5. Averment of no alternative remedy: A mandatory declaration that the petitioner has exhausted all other alternative remedies available under law.
• 6. Prayer: Requesting the court to issue a specific writ (Mandamus, Certiorari, etc.).

The 'Grounds' section is where the advocate applies constitutional law to the facts. Each ground usually begins with the word "Because".

⇒Example Grounds (Challenging a Dismissal from Govt Job)

• A. Because the impugned order of dismissal was passed without issuing a show-cause notice, thereby violating the fundamental principles of Natural Justice (Audi Alteram Partem).
• B. Because the action of the Respondent is highly arbitrary, discriminatory, and violates the Petitioner's Fundamental Right to Equality guaranteed under Article 14 of the Constitution.
• C. Because the impugned order was passed by an officer subordinate to the appointing authority, which is in direct violation of Article 311(1) of the Constitution.

In your prayer clause, you must ask for the correct type of writ depending on the situation.

• 1. Habeas Corpus (To have the body): Prayed when a person is illegally detained. "Issue a writ of Habeas Corpus directing the police to produce the petitioner's son in court..."
• 2. Mandamus (We Command): Prayed when a public authority fails to perform a statutory duty. "Issue a writ of Mandamus directing the Municipal Corporation to issue the trade license..."
• 3. Certiorari (To be certified): Prayed to quash/cancel an order passed by a lower court/tribunal that acted without jurisdiction or violated natural justice. "Issue a writ of Certiorari quashing the impugned order dated..."
• 4. Prohibition: Prayed to stop a lower court/tribunal from exceeding its jurisdiction before it passes an order.
• 5. Quo Warranto (By what authority): Prayed to challenge a person holding a public office without legal qualification.

The Supreme Court is the apex court, but you cannot appeal every single High Court judgment to it as a matter of right. Most cases reach the Supreme Court through an SLP.

⇒What is an SLP?

Under Article 136, the Supreme Court has the discretionary power to grant "special leave" to appeal from any judgment, decree, or order passed by any court or tribunal in India.

⇒It is not a Right

Filing an SLP means you are asking for permission to appeal. The Supreme Court dismisses the majority of SLPs at the admission stage. If the Court grants leave, the SLP is converted into a Civil/Criminal Appeal.

Because it's a discretionary remedy, you cannot just argue that the High Court misread the facts. The Supreme Court does not act as a regular appellate court to fix minor factual errors.

⇒The Core Requirement

To draft a successful SLP, you MUST frame a Substantial Question of Law of General Public Importance. You have to convince the Supreme Court that the High Court's judgment has created legal confusion that will affect thousands of people, or has resulted in a gross miscarriage of justice.

⇒Example of Questions of Law in an SLP

• A. "Whether the High Court erred in law by ignoring the binding precedent set by this Hon'ble Court in the case of XYZ vs State?"
• B. "Whether the definition of 'Industry' under the Industrial Disputes Act includes a charitable hospital, requiring interpretation by this Hon'ble Court?"

⇒Summary of Master Concepts

• Article 226 vs 32: 226 (HC) is for FRs + legal rights. 32 (SC) is ONLY for FRs.
• Writ Structure: Synopsis, Brief Facts, Grounds (Constitutional violations), Declaration of no alternative remedy, Prayer.
• Types of Writs: Mandamus (do your duty), Certiorari (quash order), Habeas Corpus (produce body).
• SLP (Art 136): Discretionary appeal to Supreme Court. Requires drafting a 'Substantial Question of Law'.

⇒University Exam Tips for this Unit (Premium Advice)

• Drafting a Writ Prayer: Be precise. If asked to draft a writ for a student wrongly expelled, pray for a Writ of Certiorari to quash the expulsion order, and a Writ of Mandamus directing the university to let him write exams.
• SLP Focus: Always emphasize that an SLP is NOT an appeal as a matter of right. The drafting must focus on questions of law, not re-arguing facts.