Can a writ petition be treated as a PIL?Asked by: Philip Ryan | Last update: February 19, 2022
Score: 4.3/5 (54 votes)
Yes, a writ petition filed by the aggrieved person, whether on behalf of group or together with group can be treated as a PUBLIC INTEREST LITIGATION however, The writ petition should involve a question, which affects public at large or group of people, and not a single individual.
Are PIL and Writ Petition same?
What is the difference between a PIL and a Writ Petition? Writs are filed by individuals or institutions for their own benefit and not for public interest, whereas PILs are filed for a larger good.
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 labour can be applied under PIL.
How is PIL different from writ?
A writ is just a written command given out by a legal authority like a court. ... Writs are filed by individuals/corporates and other persons for reliefs in their own causes whereas the PILs are applications filed by any citizen for remedying the hardships faced by the public at large. PIL is not defined in any statute.
What do you understand by PUBLIC INTEREST LITIGATION is it maintainable as a writ petition?
The court must be satisfied that the Writ petition fulfills some basic needs for PIL as the letter is addressed by the aggrieved person, public spirited individual and a social action group for the enforcement of legal or Constitutional rights to any person who are not able to approach the court for redress.
Grounds for Rejection of Writ Petitions| Res Judicata| Article 32| Article 226|
In what cases PIL can be filed?
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 we file PIL in district court?
Important public issues are taken up by vigilant judges in a PIL. But at present, owing to the prohibitive procedure a citizen or a social organisation cannot proceed under the PIL in lower or district courts. ... The rule that a PIL can only be heard in high courts or the apex court, thus, needs to be changed.
Is PIL a form of 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 PIL be filed against an individual?
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.
In which circumstances PIL can be rejected?
(a) Reject dubious PIL at the threshold and in appropriate case with exemplary costs. (b) In cases where important project or socio economic regulations are challenged after gross delay, such petitions should be thrown out the very threshold on the ground of latches.
How can I draft a PIL in India?
A PIL can be filed in two ways: 1) following the formal legal procedure of filing a writ petition under Article 32 of the Constitution to the Supreme Court or Article 226 to the requisite High Court, or 2) submitting a letter to the Chief Justice of India (CJI) or Chief Justice of a High Court (CJHC).
Who can move PIL in High Court and Supreme Court?
Constitutional Lawyers in India
It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts.
What is locus standi in PIL?
Locus Standi means the legal capacity to sue or approach courts. ... PIL is different from the usual method of litigation. Locus standi is mandatory in traditional litigation, but a genuine interest or legitimate concern about the issues of the public will act as a substitute for local standi in a PIL.
When a writ petition can be filed?
A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.
Is SLP a writ petition?
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.
How do you prove PIL maintainability?
A. Maintainability: After three-and-a-half decades of PIL, one basic legal point remains clear: because it is filed under Article 32 of the Constitution, a PIL is maintainable only if there is a violation of one or more of the fundamental rights guaranteed under Part III of the Constitution.
What are the advantages of PIL?
It's advantages : It protects our human basic rights called fundamental rights through the court. Due to this any section or class of people's can approach the court with their petition. In simple words ,it protects the public interests by protecting our welfare and rights. ...
Can government employees file PIL?
Breaking; Government Employees can File PIL since Right to Judicial Remedies is a Constitutional right; SC quashes Disciplinary proceedings against IAS Officer for filing Black Money PIL and orders to pay 5 Lakhs [Read Jt] In a landmark Judgment a Two Judge Bench of the Supreme Court comprising of Justice J.
Can a PIL be filed against a private company?
PIL can be filed against a State/ Central Govt., Municipal Authorities and not any private party. However, “Private party” can be included in the PIL as “Respondent”, after making concerned state authority, a party. ... However, a PIL cannot be filed against the Private party alone.
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
How do I file a writ petition?
- The affidavit of the petitioner duly sworn;
- Annexures as referred to in the writ petition;
- A court fee of Rs. ...
- Cover Page;
- Any application to be filed, per application Rs. ...
- Memo of appearance;
What is PIL and Sal explain?
Also, unlike India, PIL in the United States sought to represent ''interests without groups'' such as consumerism or environment. However, for our purposes, Social Action Litigation (SAL) and Public Interest Litigation (PIL) are synonymous. PIL, however, continues to be the popularly used term.
Who can file a PIL Mcq?
This power is granted under Article 32 and Article 226 of the Indian Constitution. PIL can be filed against whom? A PIL can be filed against the State Government, Central Government, Municipal Corporations, public offices, Government of Delhi, Pollution Control Board and not any private individual or a private party.
What is the object of PIL?
The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people. It is generally used to safeguard group interests and not individual interests, for which Fundamental Rights have been provided. The Supreme Court of India and the High Courts have the right to issue PILs.
Is PIL an exception to locus standi?
The exception to the rule of Locus Standi-Public Interest Litigation: ... So, to remove the hardship of law, a new concept of Public Interest Litigation (PIL) came into existence. It was the result of the efforts of judicial activism in a direction to achieve justice in a true sense.