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Unit 3: Preparing the Writ Petition
3.1 The Writ’s Choice (When the Supreme/High Court?)
The writ’s-grounds (the fundamental-right’s-violation (the Art-133’s-frame (the verified-any-citizen-declaration + the extraordinary-power (the LAW5601-U-and-LAW5605-U’s-companion)))); the writs’-five (the habeas (the detention’s-challenge); the mandamus (the duty’s-command); the certiorari (the lower’s-quashing); the prohibition (the excess’s-stop); the quo-warranto (the office’s-challenge)); the alternative-remedy’s-rule (the writ’s-extraordinariness (the efficacious-remedy-first (the exceptions (the fundamental-right (the urgency (the tribunal’s-absence))))); the PIL’s-face (the public-interest’s-relaxation (the standing’s-flexibility (the Art-133(1)-and-(2)’s-verified-channel))).
3.2 The Petition’s Anatomy (the Writ-File’s Parts)
- The cause-title (the SC/HC’s-name (the petitioner-and-the-respondents (the GoN’s-naming (the ministry’s-and-the-office’s-proper-respondents (the impleading’s-discipline)))));
- The petitioner’s-description (the standing’s-showing (the affected-or-the-public-spirited (the PIL’s-justification)));
- The facts (the numbered-chronology (the impugned-action’s-detail (the date-wise (the annex’s-support))));
- The grounds (the law’s-argument-list (the illegality’s-and-the-unconstitutionality’s (the abuse’s-and-the-error’s (the Art-133’s-hook))));
- The interim-relief’s-prayer (the stay’s-request (the status-quo’s-preservation (the interim-order’s-function))));
- The main-prayer (the writ’s-type (the order’s-specific-content));
- The annexes (the decision-challenged (the notice (the documents’-chain (the exhibit’s-marking))));
- The verification-and-the-vakalatnama (the petitioner’s-and-the-counsel’s).
3.3 A Worked-Skeleton (the Example)
The illegal-termination’s-mandamus-example (the facts: the officer’s-termination-without-the-hearing; the grounds: the natural-justice’s-denial (the audi-alteram (the LAW5605-U7’s-doctrine)); the illegality (the procedure’s-breach); the prayer: the certiorari-quashing-the-decision + the mandamus-reinstating (the combined-writ’s-faces)); the police-inaction’s-mandamus (the FIR-refusal (the investigation’s-command)); the detention’s-habeas (the custody’s-disclosure (the production’s-order)).
This is a preview. The complete Moot Court-I (Civil) notes — full unit, Exam Focus box and model questions — are in the PDF / full version. Get the complete notes →
