Constitutional Matters
Representation in constitutional matters before the Punjab & Haryana High Court, principally in its writ and supervisory jurisdiction.
Matters commonly falling within this area
- Writ petitions under Articles 226 and 227 of the Constitution
- Enforcement of fundamental rights
- Challenges to statutory provisions, rules and notifications
- Judicial review of administrative and regulatory action
- Matters concerning natural justice and procedural fairness
- Public law claims against the State and its instrumentalities
Legal and procedural context
Article 226 permits the High Court to issue directions, orders or writs against the State and authorities within its territorial jurisdiction; Article 227 confers supervisory jurisdiction over subordinate courts and tribunals.
The existence of an efficacious alternative remedy, and the conduct and promptness of the petitioner, are relevant to the exercise of writ jurisdiction.
Where this work is conducted
Constitutional Matters are conducted for clients across Chandigarh, Punjab and Haryana, including the districts below.
Frequently asked questions
- When can a writ petition be filed before the High Court?
- A writ petition may be filed where a legal right is infringed by the State or an authority amenable to writ jurisdiction. The Court considers whether an alternative statutory remedy exists and whether the petition has been filed without undue delay.
- Can the constitutionality of a statute be challenged before the High Court?
- Yes. The validity of a statute, rule or notification may be examined in writ proceedings, subject to the requirements of pleading and to notice being issued to the concerned authorities.
- What is the difference between Article 226 and Article 227?
- Article 226 is an original jurisdiction to issue writs and directions. Article 227 is a supervisory jurisdiction exercised over courts and tribunals within the State, and is used more sparingly.
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