Writs & Supreme Court

Counter-Affidavit on Behalf of Respondent in Writ or SLP

A Counter-Affidavit is the primary pleading through which a respondent opposes a writ petition or Special Leave Petition (SLP). It sets out the respondent's version of facts and legal objections to demonstrate why the court should not grant the relief sought by the petitioner.

This document contains preliminary objections to the maintainability of the petition, a para-wise reply on the merits of the case, and affirmative grounds defending the action or order under challenge.

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Governing law
Constitution of India, Article 226 / Article 32 / Article 136; Order VIII Rule 5 CPC (by analogy)
Sections
s. Article 226s. Article 32s. Article 136s. Order VIII Rule 5 CPC
Filed before
Supreme Court of India / High Court (Writ Jurisdiction)

When this is the right filing

  • When you represent a respondent who must formally oppose a writ petition filed under Article 226 in a High Court or Article 32 in the Supreme Court.
  • When opposing a Special Leave Petition filed under Article 136 of the Constitution in the Supreme Court.
  • When the court has issued notice and granted time to file a counter-affidavit in response to the main petition.
  • When a government department or authority needs to defend an impugned order or action through an authorised officer.

What the court looks for

  • A clear statement of preliminary objections, such as maintainability, laches, suppression of facts, or the existence of an alternative remedy.
  • A specific, para-wise reply to the petitioner's factual allegations, with each paragraph either admitted, denied, or partly admitted without evasion.
  • Affirmative grounds, supported by law and fact, that justify the impugned action or order and demonstrate its legality.
  • A properly sworn affidavit and verification by a competent deponent, with authority attached if the deponent represents an organisation.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Counter-affidavit on behalf of respondent no.
  2. 2Preliminary objections
  3. 3Reply on merits
  4. 4Grounds defending the impugned action
  5. 5Prayer
  6. 6Affidavit
  7. 7Verification
How it opens
1. That I am the deponent and am authorised to swear this affidavit on behalf of Respondent No. [respondent no] and am fully conversant with the facts and circumstances of the case.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a counter-affidavit and a reply?

A counter-affidavit is the main pleading filed by a respondent to oppose a petition on both legal and factual grounds. A reply, or rejoinder, is a subsequent pleading filed by the petitioner to address new matters raised in the counter-affidavit.

How should I structure the reply on merits in a counter-affidavit?

The reply on merits must mirror the paragraph numbering used in the writ petition. For each paragraph, you must state clearly whether the content is admitted, denied, or partly admitted. Evasive denials are not permitted, following the principle in Order VIII Rule 5 of the CPC by analogy.

Who can swear the affidavit for a government respondent?

The affidavit must be sworn by an authorised officer of the department or authority. This person must have personal knowledge of the facts or access to official records. A copy of the board resolution, gazette notification, or departmental order authorising the officer to depose should be filed with the counter-affidavit.

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