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Constitutional Law

Diwan Advocates

Constitutional Law Practice

A state government issues a notification under a land acquisition statute that takes private land for a private development project. The affected landowners are told the acquisition is for a public purpose but are given no hearing and offered compensation well below market value.

A regulatory authority issues guidelines that effectively prohibit a category of business activity without going through the rule-making process under the parent statute. Companies affected by the guidelines want to know whether they can be challenged and on what grounds.

Constitutional law governs the relationship between the state and the individual and the distribution of power between the Union and the states. At Diwan Advocates, we appear in constitutional matters before the High Courts and the Supreme Court, advise on the constitutional dimensions of regulatory action, and advise on federalism questions that arise in commercial and regulatory contexts.

Fundamental Rights and Article 226

The Constitution of India guarantees fundamental rights in Part III. Any law or executive action that infringes a fundamental right is void to the extent of the infringement. The High Court's writ jurisdiction under Article 226 and the Supreme Court's jurisdiction under Article 32 are the primary mechanisms for enforcing these rights. Article 226 is wider than Article 32: it extends to any legal right, not just fundamental rights, and can be used to challenge subordinate legislation, administrative orders, and the conduct of statutory authorities.

Article 14: Equality and Arbitrariness

Article 14 guarantees equality before law and equal protection of the laws. Courts have extended this guarantee to prohibit arbitrary executive action: a decision that is capricious, without rational basis, or taken without application of mind violates Article 14 even if no specific discrimination is involved. This doctrine has been used to challenge administrative orders, licensing decisions, and regulatory directions that lacked reasoning or were made for extraneous purposes.

Article 19 and Article 21

Article 19 protects the rights to freedom of speech and expression, peaceful assembly, association, movement, residence, and the right to practise any profession or carry on any occupation, trade, or business. Article 21 protects life and personal liberty. Both can only be restricted by a procedure established by law, and courts have held that the procedure must be fair, just, and reasonable. Restrictions on economic activity, on the press, and on personal liberty are tested against these standards.

Judicial Review of Delegated Legislation

Delegated legislation, including rules, regulations, notifications, and guidelines issued by regulatory authorities, is subject to judicial review. It can be challenged on the ground that it exceeds the authority conferred by the parent statute, that it is arbitrary or unreasonable, that it violates a fundamental right, or that the rule-making process required by the statute was not followed. This is a significant avenue for challenging regulatory action in commercial and industrial contexts.

Cross-Law Note: The division of legislative powers between the Union and the states under the Seventh Schedule to the Constitution of India determines which level of government has authority to legislate on particular subjects. Where state legislation conflicts with a central law on a matter in the Concurrent List, the central law prevails. These questions arise frequently in commercial regulation, environmental law, and land acquisition, and can determine whether a law or regulatory action is valid at all.

Why Diwan Advocates for Constitutional Law?

High Court and Supreme Court	We appear before the Delhi High Court and the Supreme Court in writ petitions, constitutional challenges, and PIL matters.
Regulatory Challenges	We advise companies and individuals on challenging regulatory actions that exceed statutory authority or violate fundamental rights.
Federalism	We advise on the division of legislative and executive competence between the Union and states in regulatory and commercial contexts.
Advisory	We advise governments, regulators, and regulated entities on the constitutional validity of proposed legislation and regulatory action.

Legislative Reference Index

Legislation	Relevance	Reference
Constitution of India	Articles 12 to 35 (Fundamental Rights), Article 226 (High Court writ jurisdiction), Article 32 (Supreme Court), Seventh Schedule (legislative lists).	View ->
Specific Relief Act, 1963	Injunctions to restrain state action pending constitutional challenge are governed by the Specific Relief Act principles applied in writ proceedings.	View ->
Land Acquisition Act, 2013	Compulsory acquisition of land for public purposes. Constitutional validity of acquisition and adequacy of compensation are frequently litigated.	View ->
Right to Information Act, 2005	Transparency and accountability of state action. Used alongside constitutional challenges to obtain information about administrative decisions.	View ->
Indian Contract Act, 1872	Commercial contracts that are invalidated by state regulatory action may give rise to frustration or illegality defences under the Contract Act alongside the constitutional challenge.	View ->
Competition Act, 2002	Regulatory action by the Competition Commission is subject to constitutional review in appropriate cases, particularly where it affects the right to carry on business under Article 19(1)(g).	View ->

Constitutional challenges require careful preparation. Courts expect a clear legal framework and a precise statement of the right that has been violated.

Diwan Advocates is ready.

Diwan Advocates | Delhi, India

Dr. Farrukh Khan

Dr. Farrukh Khan is the founding partner of the firm, and is also the administrative head. He is placed amongst the most eloquent and skilful lawyers in the country with above par legal knowledge....