Can a PIL be filed under Article 32?
Asked by: Ms. Vickie Feeney MD | Last update: September 16, 2022Score: 4.9/5 (37 votes)
A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.
In which court PIL can be filed?
According to the Constitution of India, the petition can be filed under Article 226 before a High Court or under Article 32 before the Supreme Court of India. Steps to be taken for filing a Writ Petition / PIL: Approach a public interest lawyer or organization to file the case.
Does PIL come under writ?
PILs are extensions of Writ Jurisdiction. Therefore, PILs may be filed either before the Hon'ble Supreme Court of India under Article 32 of the Indian Constitution or any High Court under Article 226 of the Indian Constitution.
Can a petition under Article 32 be refused on the ground of existence of alternative remedy?
32 of the Constitution and this court could not refuse to entertain a petition under that Article simply because the petitioner might have any other adequate, alternative, legal remedy.
What is the ground on which Supreme Court can refuse relief under Article 32?
Detailed Solution. Option 3 is correct. That no fundamental right has been infringed - On this, the Supreme Court can refuse relief under Article 32. The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights is guaranteed.
5 Types of Writs | Constitutional Remedies | Article 32 and Article 226
Can Article 32 be amended?
Provisions of Article 32
Article 32 is a unique provision that empowers a citizen to bypass the lower courts and directly move the apex court. The rights under Article 32 cannot be amended or suspended unless the Constitution provides for it or except during a period of Emergency.
Who can file a case under Article 32?
Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right has been 'unduly deprived'.
Can a petition under Article 32 be refused?
If the petitioner fails to satisfy why they haven't approached the high court first, then Justice Pasayat held that “filing of petition in such matters directly under Article 32 of the Constitution is to be discouraged.”
Is Article 32 a fundamental right?
It is one of the fundamental rights listed in the Constitution that each citizen is entitled. Article 32 deals with the 'Right to Constitutional Remedies', or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
What is the difference between Article 32 and Article 226?
Article 32 empowers the Supreme Court to issue writ all over India. Therefore, the Supreme Court has broader territorial jurisdiction. Article 226 empowers the High Court to issue a writ in its own local jurisdiction only. Therefore, High Courts have narrower territorial jurisdiction as compared to the Supreme Court.
Can PIL be filed in lower court?
PILs can be filed either in the High Court or in the Supreme Court.
Which one of the following is not applicable to PIL?
The Correct Answer is A and B. Recently the Delhi High Court had dismissed a PIL filed by a tenant for rent waiver. Matters pertaining to pension and gratuity also cannot be filed under PIL. The Matters of Bonded labor can be applied under PIL.
Who files PIL under constitutional law?
Any citizen can file a public case by filing a petition: Under Art 32 of the Indian Constitution, in the Supreme Court. Under Art 226 of the Indian Constitution, in the High Court.
Can PIL be filed in criminal cases?
A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate.
Can a common man file PIL?
Any Indian citizen can file a PIL, the only condition being that it should be filed in the public interest rather than private interest. If an issue is of very public importance, many times the court also takes suo motu cognizance in such a case and appoints a lawyer to handle such a case.
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
Which of the following is NOT a writ under Article 32 of the Constitution?
Detailed Solution. The correct answer is Severability. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
Why Article 32 is called heart and soul of Constitution?
B.R. Ambedkar said that without Article 32, the Indian Constitution is null and void and thus is regarded as the heart and soul of the Indian Constitution.
What remedies can be enforced under Article 32?
Article 32 offers the right for Constitutional remedies. It means that everyone has the right for moving to high courts and the Supreme Court to acquire the fundamental rights secured. It is well-recognized fact that the Supreme Court has the full power for issuing writs exactly under the article.
What is locus standi in PIL?
locus standi is the term for the ability of a party to demonstrate to the court in. sufficient connection to and harm from the law or action challenged to support that. party's participation in the case.
Is Pil an exception to locus standi?
Any person can file the PIL without Locus Standi. These types of litigations bind the executive and courts to do their work properly. PIL is the biggest and important step against corruption in India.
What is Article 32 in Indian Constitution?
Constitution of India. Remedies for enforcement of rights conferred by this Part. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
What are the limitations of PIL?
The disadvantages of public interest litigation are as follows: There is always the possibility that the instrument of PIL may be misused by a person purportedly litigating in the public interest.
Can PIL be filed against private company?
A PUBLIC INTEREST LITIGATION can be filed only against a State / Central Govt., Municipal Authorities, and not any private party. However "Private party" can be included in the PUBLIC INTEREST LITIGATION as "Respondent", after making concerned state authority, a party.
Who can move PIL in High Court and Supreme Court?
Normally, only the aggrieved person is allowed to move the Court. But it has been held by the Supreme Court that in social or public interest matters, any one may move the Court.