Constitutional Law
At ASLA (Ardh Sainik Legal Associate), we are deeply committed to protecting and promoting the constitutional rights of individuals, with a dedicated focus on ex-servicemen and their families. Our legal practice is grounded in constitutional advocacy, and we actively engage in filing writ petitions and Public Interest Litigations (PILs) to address violations of fundamental rights, correct administrative injustices, and challenge unconstitutional actions by public authorities.
We specialize in seeking redress under the constitutional remedies enshrined in Articles 32 and 226 of the Constitution of India, which empower aggrieved individuals to directly approach the Supreme Court and respective High Courts for enforcement of their fundamental rights. Our legal team leverages these provisions to uphold the rule of law and ensure judicial oversight over executive and administrative actions.
Types of Constitutional Writs We Regularly Pursue:
Habeas Corpus: This writ is invoked in cases of unlawful or arbitrary detention. We seek judicial intervention to command the detaining authority to present the individual before the court and justify the legality of the detention. This remedy plays a critical role in safeguarding the right to personal liberty under Article 21.
Mandamus: Issued to compel public officials or bodies to perform their statutory duties, this writ is a powerful mechanism to enforce accountability. We often file writs of mandamus to ensure that government authorities adhere to legal obligations and do not act arbitrarily or in dereliction of duty.
Certiorari: This writ allows superior courts to quash illegal or ultra vires orders passed by subordinate courts, tribunals, or quasi-judicial authorities. ASLA frequently invokes certiorari to correct jurisdictional errors and ensure that justice is not compromised due to procedural or substantive lapses.
Prohibition: A preventive writ issued by higher courts to subordinate courts or tribunals that are acting beyond their legal authority. We employ this remedy to stop ongoing proceedings that are in clear violation of jurisdictional boundaries.
Quo Warranto: This writ challenges the authority of individuals occupying public offices without a valid legal mandate. By questioning unlawful appointments or continuance in office, ASLA promotes transparency and adherence to constitutional and statutory norms in public service.
Public Interest Litigations (PILs):
Beyond individual grievances, ASLA is at the forefront of public interest litigation aimed at addressing systemic issues that affect not only the armed forces community but also society at large. Our PILs commonly address:
Denial or delay in disbursal of pensions and retirement benefits.
Non-implementation of welfare schemes meant for ex-servicemen and war widows.
Violations of reservation policies in employment or education for dependents of servicemen.
Arbitrary administrative decisions impacting a large section of retired personnel.
Structural deficiencies in statutory bodies and welfare boards.
We meticulously draft PILs with a focus on public good, ensuring that they are supported by robust legal reasoning and relevant documentation. These petitions often result in landmark judgments and policy changes that have a far-reaching impact on governance and social justice.
Commitment to Constitutional Justice:
At ASLA, we consider it our institutional duty to act as a legal bridge between the armed forces community and the constitutional machinery. By utilizing the full range of writ remedies and engaging in purposeful litigation, we endeavor to secure justice, enforce accountability, and protect the dignity of those who have honorably served the nation.