Drafting a writ petition under Article 226 — a working template
A walkthrough of a mandamus petition, clause by clause. Useful if you're in your first two years at the High Court.
Article 226 writ jurisdiction is wide, but the petition has a form. This piece walks through a mandamus petition clause-by-clause, with the edits I most commonly make to junior advocates' drafts.
Opening — parties and heading
Name the petitioner with full description, the respondents in order of seniority (government authorities first), and the article invoked. Spell out 'under Article 226 of the Constitution of India' — do not abbreviate to '226'.
Facts — the first third, not the middle
Keep the facts section tight and chronological. Every fact should earn its place by mattering to the prayer. Remove any paragraph you can't link to a relief.
Grounds — number them, keep them distinct
Each ground should be one sentence followed by supporting cases. Do not combine grounds — the bench reads them separately, and combined grounds get collapsed to the weaker one.
Prayer — specific, severable, and enforceable
The most common junior-advocate mistake is an overbroad prayer. Name the specific order you want, in the specific form a bailiff could serve. If your prayer isn't drafted to be enforceable, you're losing before the bench reads the grounds.
A well-drafted prayer is half of a well-decided petition.
Common errors in junior drafts
- Prayer for 'appropriate writ' with no specifics — courts dislike this.
- Conflating mandamus and certiorari in one petition without clear severance.
- Missing averment on exhausted alternative remedies — often required under service and tax matters.
- Overlong facts section — 18 pages where 4 would do.