Is PIL mentioned in Constitution?
Asked by: Mr. Oren Hahn | Last update: August 26, 2022Score: 5/5 (1 votes)
The concept of public interest litigation (PIL) is suited to the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law.
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.
Who introduced PIL system in India?
In India, the PIL is a product of the judicial activism role of the Supreme Court. It was introduced in the early 1980s. Justice V R Krishna Iyer and Justice P N Bhagwati were the pioneers of the concept of PIL.
What is Article 226 of the Constitution of India?
Article 226 of the Constitution empowers the Hon'ble High Courts to exercise power through issuance of writs – habeas corpus, mandamus, quo warranto, prohibition and certiorari or any appropriate writ.
Under which Article PIL is filed in the Supreme Court of India?
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.
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Who files PIL under constitutional law?
Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition: In the SC under Article 32. In the High Courts under Article 226.
What is Article 21 of the Indian Constitution?
As you all know, Article 21 deals with one of the fundamental Rights guaranteed by the Constitution of India. The Right to Protection of Life and personal liberty is the main object of Article 21 and it is a right guaranteed against State Action as distinguished from violation of such right by private individuals.
What is Article 142 of the Constitution of India?
Subsection 1 of Article 142 (“Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.”) says “the Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so ...
What is Article 124 A of Indian Constitution?
Article 124 deals with the Establishment and constitution of the Supreme Court. It states that there shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.
What is Article 226 and 227 of Constitution?
Jurisdiction under Article 226 is exercised in favour of citizens in vindication of their fundamental or statutory rights. Meanwhile, under Article 227, the High Court is the custodian of justice, and the power is exercised suo moto by the Court.
Who is the father of PIL?
Justice Bhagwati has been called the father of public interest litigation in India due to his contribution to Public Interest Litigation jurisprudence. Justice Bhagwati was Chief Justice of India from July 12, 1985, to December 20, 1986. Further Reading: Public Interest Litigation (PIL) in India.
What is PIL in Constitution and when did it start in India?
The concept of public interest litigation (PIL) is suited to the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice.
Who is the mother of PIL?
Pushpa Kapila Hingorani was an Indian lawyer who is regarded as "Mother of Public Interest Litigation" (PIL). As per then prevailing laws, a petition could be filed only by a victim or a relative. Kapila and her husband Nirmal Hingorani wanted to represent the undertrial prisoners in Bihar.
Can PIL be filed under Article 32?
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.
What is the Article 32 of 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.
Can a PIL be filed in High Court?
PILs can be filed either in the High Court or in the Supreme Court. What is the procedure for filing a PIL? One has to do thorough research before filing a PIL. In case of filing a PIL concerning several individuals, it is important and the best course for the petitioner to consult all affected interest groups.
What is Article 131 Indian Constitution?
Article 131 gives both the Governments a forum to fight on legal issues and not on mere political issues. Thus, the order given by the Government of India to the State Governments ordering the Chief Minister to tender advice to the Governor of the State is not a mere political issue but a legal right[21].
What is Article 143 of Indian Constitution?
Article 143 of the Constitution authorises the president to seek the opinion of the Supreme court in the two categories of matters: On any question of law or fact of public importance which has arisen or which is likely to arise.
What is Article 227 of Indian Constitution?
Article 227 of the Constitution of India provides for the power of superintendence over all Courts and Tribunals throughout the territory by the High Courts. The nature of superintendence is administrative as well as judicial.
What is Article 145?
145. Rules of Court, etc. (1) Subject to the provisions of any law made by Parliament the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including.
What is Article 136 of the Indian Constitution?
The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.
What is the Article 148?
Article 148 - Comptroller and Auditor-General of India
There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on like grounds as a Judge of the Supreme Court.
What is Article 17 in the Constitution?
Article 17. Abolition of Untouchability. -"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
Is Article 21 a fundamental right?
The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees. The Supreme Court of India has described this right as the 'heart of fundamental rights'.
What is Article 18 of the Indian Constitution?
Constitution of India. Abolition of titles. (1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State.