Constitutional Law & Writ Petitions

Writ petitions, special leave petitions and constitutional challenges before the Supreme Court of India, the Delhi High Court and other High Courts.

Constitutional law is at the centre of the practice of the Chambers of Kumar Abhishek & Associates in New Delhi. The Chambers advises on, drafts and appears in writ petitions, special leave petitions (SLPs) and constitutional challenges before the Supreme Court of India, the Delhi High Court and other High Courts across the country.

The work spans fundamental rights and civil liberties, the validity of statutes, rules and notifications, questions of federal structure, and original suits between States.

Matters Handled

  • Writ petitions under Article 32 before the Supreme Court and under Article 226 before High Courts
  • Special leave petitions (SLPs) under Article 136 against judgments of High Courts and Tribunals
  • Challenges to the constitutional validity of statutes, rules and notifications
  • Enforcement of fundamental rights and civil liberties
  • Reservation, recruitment and public-employment questions with a constitutional dimension
  • Original suits under Article 131, including inter-State boundary disputes
  • Rights of worship and religious institutions under Articles 25 and 26
  • Constitutional and election law advisory work
Track Record

Notable Contributions & Cases

Religious & Property Rights

Appeared before the Supreme Court in matters concerning rights of worship and ownership of prominent Jain shrines. One such matter saw more than 15 Senior Advocates of the Supreme Court represent conflicting interests.

Complex Original Suits

Appeared with Senior Counsel in two of the oldest surviving Original Suits before the Supreme Court, concerning long-standing inter-State boundary disputes among Assam, Nagaland, and Arunachal Pradesh.

Private International Law

Argued the reported writ petition (2024:DHC:9187) before the Delhi High Court on the special work-permit rights of a U.S. citizen seeking to work at the British Embassy in India.

Public Interest & Employment

Represented 8,000 selected Lekhpal candidates from Uttar Pradesh, persuading the Supreme Court to lift its stay and clear the way for their appointments.

General Information

Frequently Asked Questions

What is the difference between a writ petition under Article 32 and Article 226?

Article 32 allows a person to approach the Supreme Court directly, but only for the enforcement of fundamental rights. Article 226 empowers every High Court to issue writs both for fundamental rights and “for any other purpose”, so its scope is wider. In practice, the Supreme Court often expects a petitioner to approach the High Court first.

What is a Special Leave Petition (SLP)?

Under Article 136 of the Constitution, the Supreme Court may grant special leave to appeal against a judgment or order of any court or tribunal in India. The remedy is discretionary. Under the Supreme Court Rules, 2013, an SLP against a High Court judgment is ordinarily to be filed within 90 days of that judgment.

Can the validity of a law or notification be challenged in court?

Yes. A statute, rule or notification can be challenged before a High Court or the Supreme Court on grounds such as violation of fundamental rights, lack of legislative competence, or inconsistency with other provisions of the Constitution.

This is general information about legal procedure, not legal advice on any particular matter.

Contact the Chambers

Meetings at the Chambers are by prior appointment. Contact details and an enquiry form are available on the contact page.

Contact Details