SLP's in Supreme Court of India & Writs in Delhi High Court

The Supreme Court of India and the High Courts in India have been made the protector and guarantor of the Rights, as provided in the Constitution. A person whose right is infringed by an arbitrary administrative action may approach the Court for appropriate remedy. The Constitution of India, under Articles 32 and 226 confers writ jurisdiction on Supreme Court and High Courts, respectively, for enforcement/protection of the fundamental rights of an Individual. The Supreme Court of India has Original, Appellate and Advisory jurisdiction. Article 32 of the Constitution gives an extensive Original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. The Supreme Court has been conferred with power to direct transfer of any Civil or Criminal cases from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court may, if satisfied that cases involving the same or substantially the same questions of Law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act, 1996, an International Commercial Arbitration can also be initiated before the Supreme Court. Almost identical powers are commanded by the High Courts of various States under Article 226 of the Constitution.

The Writ is an instrument or order of the Court by which the Supreme Court or High Courts directs an individual or official or an authority to do an act or abstain from doing an act. The Supreme Court and the High Courts have ample inherent power to issue directions or orders or writs of any sort including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the Fundamental Rights. The Writ Petitions under Article 32 or Article 226 of the Constitution filed before the Supreme Court of India or High Courts are not refused on technical grounds. The Courts are rather pleased to entertain simple letters written to the Courts as Writ Petition. At times, the Courts even proceed suo moto based on the information received by them through electronic and print media. Writ jurisdiction of the High Courts of various states & the Hon'ble Supreme Court of India can be classified as the following- Original, Extra Ordinary, Constitutional & Inherent; & Appellate Jurisdiction. Maintainability of a writ is a very big legal question. One can do more harm than good to an individual or public, if the issue regarding the maintainability of the writ has not been properly looked into before considering its merits. As per the Law of the land, a writ does not lie against an individual, but only against the State i.e. Government &its Limbs including all the state governments. Also, a writ petition can be entertained against a show cause notice or a summons to appear in person for the purpose of submitting an explanation, only if the same is issued by an authority having no jurisdiction or competency; or an allegation of malafide is raised; or if the same is in violation of the statutory rules in force. The surest test is, if the proceedings are instituted by setting the Law in motion, the intermittent interventions are to be avoided and such interference cannot be in a routine manner- Writ matters are generally filed seeking directions against the competent government authorities. Writ matters can be categorized as follows: Writ Petitions [Criminal & Civil]: Writ Petitions relating To Constitutional Functionaries; Writ seeking dissolution, appointment & removal Of Boards, Corporation, Members, Directors, Chairman, Vice-Chairman, Etc.; Tender Writs in regard to Mines, Minerals & Mining Leases; Forest & Wildlife matters; Environment; Academic Institutions; Crimes Against Women/SC/ST/OBC; Waqf Board & their Property; Commissions Of Enquiry; Pension Matters; Election Matters; Land Acquisition; Etc.

Likewise, a Public Interest Litigation [PIL] can also be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution. Public Interest Litigation can be categorized as follows: PIL relating to Detaining Authorities; Women & Children; Environment Compensation; Mines, Minerals & Mining Leases; Forest & Wildlife; Environment.

A Special Leave Petition ("SLP") is also a constitutional remedy. Under this jurisdiction, the Supreme Court may in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. Article 136 of the Constitution is however, not a regular forum of appeal at all.

We at Nitesh Mehra & Associates have a dedicated team for such SLP's in Supreme Court of India & Writs in Delhi High Court. We have formulated comprehensive strategies to help our clients. Furthermore, we have a dedicated team of lawyers for handling said matters seated in India and overseas.