Constitutional and writ litigation is the mechanism through which the exercise of State power is tested against the guarantees of the Constitution. Afentis Legal represents individuals, corporations, and statutory bodies in proceedings under Article 32 before the Supreme Court of India and Article 226 before the High Courts, where the enforcement of fundamental rights, the legality of executive action, and the vires of subordinate legislation are adjudicated. The practice extends to challenges to statutory amendments, delegated legislation, administrative orders, and the actions of public authorities that exceed jurisdiction or offend Articles 14, 19, and 21.
The firm approaches constitutional matters with the recognition that a writ court examines legality, not merit. The drafting of the petition, the identification of the precise jurisdictional error, and the framing of the relief sought determine the outcome more often than oral advocacy. Several of the firm’s advisors have appeared for the Union of India and state governments, giving the practice a working understanding of how the State defends its actions and where those defences are vulnerable.
Service Spectrum
- Writ petitions under Article 226 and Article 32 for enforcement of fundamental rights and correction of jurisdictional error
- Challenges to the constitutional validity of statutes, amendments, rules, notifications, and circulars
- Petitions in the nature of certiorari, mandamus, prohibition, quo warranto, and habeas corpus
- Public Interest Litigation, including maintainability defence and intervention applications
- Writ appeals and Letters Patent Appeals before Division Benches
- Special Leave Petitions under Article 136 arising from writ orders
- Interim relief, stay of executive action, and interlocutory applications
- Representation before the President's Secretariat and constitutional authorities on questions touching the exercise of constitutional office