As per the law of the land a writ does not lie against an individual. It lies only against the Govt. Writ matters are generally filed seeking directions against the competent govt. Special Leave petition [SLP] is also a constitutional remedy.
Under this jurisdiction, the Supreme Court may in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
Article of the Constitution is however, not a regular forum of appeal at all. Suriyakala Vs. Mohandoss and Others 9 SCC , that the Article is a residual provision which enables the Supreme Court to interfere with the judgment or order of any court or tribunal in India in its discretion. We, at, Hello Counsel , represent causes for public good. A commitment to public service has always been deeply ingrained in our firm culture. Vital Features Of Constitutional Law. Constitutional Courts.
Governing Constitutional Provisions. Intermediate level [Art. National Food Security Act, Protection of Human Rights Act, Water and electricity are integral part of right to life within the meaning of Article 21 of the Constitution of India.
Olga Tellis v State of Bombay - Laid down that right to livelihood is a part of right to life under Article 21 of the Constitution. R Rajagopal Vs State of Tamil Nadu- 6 SCC Laid down that the right to privacy is implicit in the right to life and liberty guaranteed to the citizens of this country by Article Chairman, Railway Board v.
Chandrima Das - Laid down that right to life is also available to non citizens of India who visit India for tourism or otherwise. State Of Himachal Pradesh Vs. However, the expense for fighting the case depends on the advocate the petitioner chooses to argue the case.
Writs are filed by individuals or institutions for their own benefit and not for public interest, whereas PILs are filed for a larger good. It differs from judge to judge. PILs are handled by the Chief Justice of the court, hence it purely depends on how the sitting judge perceives the matter. The average admission rate may range from 30 to 60 per cent. Normally PILs are taken into consideration if the judges are convinced of the fact that the subject is of significance and is in the interest of the public.
That depends on the case. If the matter is of utmost importance pertaining to lives of individuals, human rights violation etc, the court would take up the case immediately, conduct the hearing and dispose of the matter. But in general, due to piling up of PILs in courts, the hearing and closure of the case is time consuming, often it takes years. However, in between the hearings, the court may issue directions to the authorities to perform certain actions as and when needed. It is interesting to know that the misuse or abuse of PILs is growing to be a serious concern in India, where the number of cases pending before the courts is already huge.
In , the Supreme Court came down heavily on frivolous public interest litigation petitions for personal or extraneous reasons, and eventually laid down certain guidelines to be followed by courts in entertaining PILs. Desperate patients were seen making this journey, even as headlines screamed that the second wave had spread from big cities to smaller towns and villages.
A large number of perimenopausal women battle doubts over whether it is too late in the day to reject sanitary napkins for the healthier and more environment-friendly menstrual cups. This addresses all their inner fears. Not required. The person who files PIL has the right to fight the case without an advocate, though it comes with a set of challenges.
The person should have knowledge and capacity to convince the court. I have mentioned it in the above guide. Can u give me the whole imfirmation about wat u mention nd wat the example u explained above..
Bcoz the SC asked the person to hire a advocate to challenge d case … Thank u. I am wondering how an advocate misunderstood the fact behind the false allegation and not issuing the copy to the concerned respondent while filing PIL in HC. What if the private interest is perceived as PIL? Can we file a PIL against landowner who collect money from labour who work on their land…and that money give no interest to the labour..
Detail;a coal truck owner has reserve that land from land owner for depositing there coal to circulate their business in montly term say Rs In this case can i file a PIL for the favour of labour.
Please help me Leader of NGO form local particular area. Secondly, in case if more names can be added to the PIL, can the Lawyer ask for additional charges for every name to be added. Hi, can we fill PIL against railway recruitment process as it was not making standby list due to the Increased Grade pay no waiting list will be maintained for ASM, because lower merit candidates can get higher Grade pay.
Dear Sir it is a matter of great regret that Jindal India Thermal power company has settled the plant at Derang village of Angul district running their plant by transporting coals through road by thousnds trucks per day.
Til today persons all ready dead by truck accident. No one listen to the local people. I thought more on my PIL part and understand that whatever Government earns from us, invest on Infrastructure build up.
Before the s, only the aggrieved party could approach the courts for justice. After the emergency era, the high court reached out to the people, devising a means for any person of the public or an NGO to approach the court seeking legal remedy in cases where the public interest is at stake.
Bhagwati and Justice V. Justice P. Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been taken up as PILs and heard.
A PIL is a petition that an individual or a non-government organisation or citizen groups, can file in the court seeking justice in an issue that has a larger public interest. It aims at giving common people access to the judiciary to obtain legal redress for a greater cause.
PIL is not defined in any statute. It is the outcome of judicial activism to take cognisance of a cause at the instance of any person even if it does not affect him personally but affects the public at large. The name PIL has not been defined in the Constitution and is a more popular name for a Writ issued by the Supreme Court in the exercise of its original jurisdiction under Article 32 of the Constitution of India which is considered to be highly prerogative.
Firstly check about the subject on which one is thinking to file the PIL and read all the details of the provisions of the law and the violations of the law if any being done by the State or any statutory body. PIL can only be filed against any existing legal right or violation of the legal right by the Government.
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