Under which Article PIL is filed?

• Under Art 32 of the Indian Constitution, in the Supreme Court.
• Under Art 226 of the Indian Constitution, in the High Court.
• Under sec. 133 of the Criminal Procedure Code, in a magistrate's court.

Who is 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.

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 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 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.

What is an Article 42?

Article 42 in The Constitution Of India 1949. 42. Provision for just and humane conditions of work and maternity relief The State shall make provision for securing just and humane conditions of work and for maternity relief.

What is Article 136?

136. Special leave to appeal by the Supreme Court. (1) Notwithstanding anything in this Chapter, 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.

What does Article 324 say?

Article 324 of the Constitution provides that the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India shall be vested in the Election Commission.

Can a PIL be filed directly in Supreme Court?

Where can PILs be filed? PILs can be filed either in the High Court or in the Supreme Court.

Is PIL defined in Constitution?

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 difference between writ and PIL?

Basic difference between Writ and PIL

1. Writ can be filed by individual for personal benefit while PIL can be filed by any public spirited person for benefit of public at large.

What does Article 22 say?

Protection against arrest and detention in certain cases. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

What does Article 45 say?

The Constitution of India in a Directive Principle contained in article 45, has 'made a provision for free and compulsory education for all children up to the age of fourteen years within ten years of promulgation of the Constitution.

What does Article 27 say?

Article 27

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

What is Article 39 A?

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic ...

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.

Who can invoke Article 32?

The right under Article 32 is available to anyone whose rights are being violated, not just citizens – the distinction is important because, for instance, while the right to freedom of speech in Article 19(1)(a) is provided to citizens, the right to life and personal liberty is guaranteed to all persons in India.

Which country introduced PIL?

The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. In the USA, it was designed to provide legal representation to previously unrepresented groups or interests.

Which two states share high courts?

Which of the states in India share a common High Court? The states of Punjab and Haryana have a common High Court in Chandigarh. Also, the North-Eastern states (Assam, Mizoram, Nagaland, Arunachal Pradesh) share the same High Court in Guwahati.

Who is Hussain Ara Khatoon?

The case of Hussainara Khatoon revolutionised the Indian legal system. Hussainara was one of the six women undertrial prisoners that were held in the prisons of Bihar, hence the name.