Drafting a writ petition is an important skill in litigation, and as a junior you may be asked to work on one. A writ petition is, broadly, a petition invoking the writ jurisdiction of the constitutional courts, and drafting it well requires both good drafting fundamentals and a firm grounding in the applicable law. Let me give you an honest guide to the basics, while being clear that the substance must come from the applicable law, rules and good precedents.
Quick answer
A writ petition is, broadly, a petition through which a party invokes the writ jurisdiction of the constitutional courts for appropriate relief in matters within that jurisdiction. Drafting one well as a junior rests on two things: sound drafting fundamentals and a firm grounding in the applicable law and rules. The drafting fundamentals include clearly and accurately setting out the relevant facts and the petitioner’s case; setting out the basis for invoking the writ jurisdiction and the grounds relied on; clearly stating the relief sought; being clear, precise, well-structured and accurate; and following the applicable format, requirements and conventions.
Crucially, the substance, the writ jurisdiction, the grounds, the requirements and the format, is governed by the applicable constitutional and procedural law and court rules. These must be got right from the applicable law, the court’s rules, your seniors, and good precedents and examples, not from a generic template or assumption. I am deliberately keeping this guide to the drafting fundamentals and pointing you firmly to the applicable law, rules and precedents for the substance, because writ law and requirements are specific and must be worked from the correct sources.
As a junior, you learn writ drafting by combining good drafting fundamentals with study of the applicable law, and by learning from seniors and good precedents. The keys are to understand what a writ petition is, apply sound drafting fundamentals, and ground the substance firmly in the applicable law, court rules, seniors and precedents.
What a writ petition is
A writ petition is, broadly, a petition through which a party invokes the writ jurisdiction of the constitutional courts for appropriate relief in matters within that jurisdiction. It is a specific and important kind of petition in litigation.
Because it involves the writ jurisdiction, drafting it requires a firm grounding in the applicable constitutional and procedural law, alongside good drafting.
The drafting fundamentals
Good writ-petition drafting rests on some basic fundamentals.
- Clearly and accurately setting out the facts and the case. The relevant facts and the petitioner’s case should be stated clearly and accurately.
- Setting out the basis and grounds. The petition should clearly identify the basis for invoking the writ jurisdiction and the grounds relied on, subject to the applicable law.
- Clearly stating the relief sought. The court should be able to understand what the petitioner is asking it to grant.
- Clarity, precision, structure and accuracy. The drafting should be clear, precise, well-organised and accurate throughout.
- Following the applicable format and requirements. The petition must comply with the applicable format, requirements and conventions.
These fundamentals apply generally, but the specific grounds, requirements and format must come from the applicable law and rules.
Ground the substance in the applicable law and precedents
This is critical: the substance of a writ petition, including the writ jurisdiction itself, the grounds on which it can be invoked, the requirements, and the format, is governed by the applicable constitutional and procedural law and court rules.
This must be got right from the correct sources: the applicable law, the court’s rules, your seniors, and good precedents and examples, not a generic template or assumption. I am deliberately not stating the specific legal grounds, provisions, requirements or formats here, because these are matters of law that must be worked from the current, correct sources. Getting them wrong would be a serious error.
So always ground your writ drafting firmly in the applicable law, rules, seniors and precedents, and verify the requirements.
How juniors learn writ drafting
As a junior, you learn writ drafting by combining good drafting fundamentals with study of the applicable law, and by learning from seniors and good precedents and examples. You are not expected to draft perfect writ petitions immediately. It is a skill built through study, practice, feedback and good examples.
So study the applicable law, apply the drafting fundamentals, work from good precedents, seek feedback from seniors, and improve over time.
YLCC ACTION STEP: Understand a writ petition as a petition invoking the writ jurisdiction of the constitutional courts, and draft it on two foundations: sound drafting fundamentals, including clear and accurate facts and case, the basis and grounds, the relief sought, clarity, precision and structure, and a firm grounding in the applicable law. Crucially, get the substance, the writ jurisdiction, grounds, requirements and format, from the applicable constitutional and procedural law, the court’s rules, your seniors, and good precedents, never a generic template or assumption. Verify the requirements, and build the skill through study, practice and feedback.
PLEASE DON’T DO THIS: Please do not draft a writ petition from a generic template or from assumptions about the grounds, requirements or format. The writ jurisdiction, grounds, requirements and format are governed by the applicable constitutional and procedural law and court rules, and must be got right from those sources, your seniors, and good precedents. Getting the legal substance wrong is a serious error, so always ground your drafting firmly in the applicable law and verify the requirements.
If this is you
If you are drafting a writ petition as a junior: apply the drafting fundamentals, but ground the substance firmly in the applicable law, court rules, seniors and good precedents, not a generic template. Verify the requirements.
If you are unsure of the grounds or format: these are governed by the applicable law and rules, so work from the correct, current sources, your seniors, and good precedents. Do not assume.
If your drafts are not perfect yet: that is normal. Writ drafting is a skill built through study, practice, feedback and good examples. Ground yourself in the law, apply the fundamentals, and improve over time.
FAQs
- What is a writ petition? Broadly, a petition through which a party invokes the writ jurisdiction of the constitutional courts for appropriate relief in matters within that jurisdiction.
- What are the drafting fundamentals? Clearly and accurately setting out the facts and case, the basis and grounds for invoking the writ jurisdiction, and the relief sought; being clear, precise, well-structured and accurate; and following the applicable format and requirements.
- What governs the substance of a writ petition? The applicable constitutional and procedural law and court rules govern the writ jurisdiction, grounds, requirements and format. Get these from the applicable law, court rules, seniors and precedents, and verify them.
- Why does this guide not state the grounds or requirements? Because they are matters of law governed by the applicable sources, so stating them without the correct context could mislead. Work from the current, correct law, rules and precedents.
- How do juniors learn writ drafting? By combining good drafting fundamentals with study of the applicable law, and learning from seniors and good precedents. It is a skill built over time.
