Constitutional Law & Public Law

Upholding the rule of law and protecting fundamental freedoms through rigorous appellate advocacy and Writ jurisdiction in India’s highest courts.

ABOUT THE SERVICE

Practice Overview

At Subash Chandran & Kavitha Law Associates, our Constitutional Law practice is the bedrock of our firm’s advocacy. We operate at the intersection of policy, governance, and law, representing clients in matters that challenge the constitutionality of statutes, administrative actions, and state policies.

Our team specializes in navigating the complex landscape of Public Law, ensuring that the exercise of executive power remains within the bounds of the Constitution. We have a significant presence before the Supreme Court of India and various High Courts, handling landmark litigations that define the scope of fundamental rights.

Our Constitutional Philosophy

01

Judicial Review

We believe that judicial review is an essential basic feature of the Constitution. Our work ensures that legislative and executive actions are held to the standard of constitutional morality.

02

Amicus Curiae & Public Interest

The firm often engages in matters of significant public importance, contributing to the development of Indian jurisprudence.

03

Academic Depth

Constitutional law requires a historical and philosophical understanding of the law. We combine traditional legal scholarship with modern digital research tools to build robust arguments.

OUR PRACTICE

Core Areas of Expertise

Writ Jurisdiction

We represent individuals and organizations in seeking extraordinary remedies from the High Courts (Article 226) and the Supreme Court (Article 32) through:

  • Habeas Corpus: For the protection of personal liberty against unlawful detention.

  • Mandamus: To compel public authorities to perform their statutory duties.

  • Certiorari & Prohibition: Challenging jurisdictional errors in lower courts and administrative tribunals.

  • Quo Warranto: Challenging the legality of a person’s claim to a public office.

Fundamental Rights Litigation

Protecting the core rights of citizens, including:

  • Right to Equality (Art. 14): Challenging arbitrary and discriminatory state actions.

  • Freedom of Speech & Expression (Art. 19): Defending media rights and individual liberties.

  • Right to Life & Liberty (Art. 21): Handling cases involving due process, privacy, and environmental rights.

Service Matters & Public Employment

Representing employees and authorities in disputes involving:

  • Constitutional validity of recruitment rules.

  • Disciplinary proceedings and seniority disputes.

  • Protection against arbitrary termination under Article 311.

Challenging Vires of Statutes

Legal challenges to the “vires” (authority) of central and state legislations, rules, and notifications on the grounds of being unconstitutional or beyond the legislative competence of the state.

The Constitutional Remedy Map

01

Article 32

Direct access to the Supreme Court for the enforcement of Fundamental Rights (The “Heart and Soul” of the Constitution).

02

Article 226

Broad powers of the High Courts to issue writs for the enforcement of rights and “for any other purpose.”

03

Special Leave Petitions (Article 136)

Seeking the Supreme Court’s intervention in cases involving substantial questions of law.

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