Writ & Judicial Review

What this covers

We bring and defend writ petitions under article 102 of the Constitution: challenges to orders and decisions of government bodies, regulators and public authorities, enforcement of fundamental rights, and public interest matters. The relief includes quashing a decision, compelling a duty, prohibition, and declarations.

When a writ is the right tool

A writ lies against public authorities and where there is no equally effective alternative remedy. If a statute gives you an appeal, the court will usually expect you to use it first. Deciding correctly between a writ and a statutory appeal is often the most valuable advice in the matter.

The grounds

Illegality, acting beyond power, failure to follow the prescribed procedure, denial of natural justice, and decisions no reasonable authority could reach are the classic grounds. A writ is not an appeal on the facts, and framing it as one is why many petitions fail.

What helps

• The impugned order or decision, with its date
• The statute or rules under which the authority acted
• Any notice, hearing record or representation you made
• Details of any statutory appeal available and its time limit

Where it is heard, and how long it takes

Writ petitions go to the High Court Division. An interim order, such as a stay of the impugned decision, can often be obtained at the admission stage within days or weeks. The final hearing takes considerably longer, and appeals lie to the Appellate Division.