What is the difference between PIL and Writ petition?
Asked by: May Olson | Last update: July 6, 2022Score: 4.5/5 (13 votes)
A Writ is an order made by the court in the name of a person involved to either perform a particular action or abstain from doing it. Whereas, PIL (Public Interest Litigation) is a form of writ where an action or law is framed for public convenience. It directly joins the public with the judiciary.
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.
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.
How is Pil different from other litigation?
Public Interest Litigation isn't defined in any statute or any Act. It has been interpreted by the judge to consider the intent of the public at large. This is just like a writ petition which is filed in the High Court or Supreme Court under Article 226 for the high court and Article 32 for the supreme court.
What is writ petition?
Writ Petition is an order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. Writ is a form of written command in the name of the court. It directs you to act in a specific way.
what is the difference between PIL and WRIT PETITION??
Can PIL be filed in lower court?
PILs can be filed either in the High Court or in the Supreme Court.
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
What are the advantages of PIL?
The acceptance of even letters and telegrams by the courts, as PILs, reduces the cost of such litigation and also encourages public-spirited individuals and groups to bring to the notice of the court any situation which requires the Court's interference.
Who can file writ petition?
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.
Who can move PIL?
Concept of PIL. According to the jurisprudence of Article 32 of the Constitution of India, The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed. Ordinarily, only the aggrieved party has the right to seek redress under Article 32.
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.
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.
What are the 5 types of writs?
- Habeas Corpus.
- Mandamus.
- Prohibition.
- Certiorari.
- Quo-Warranto.
What are the 5 writ petition?
There are five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.
Can writ petition be challenged?
The Supreme Court observed that, when an alternate remedy is available, a writ petition under Article 226 of the Constitution can be entertained by a High Court only in following exceptional circumstances:(i) a breach of fundamental rights; (ii) a violation of the principles of natural justice; (iii) an excess of ...
What is negative side 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.
What is the disadvantage of PIL?
Demerits. Many people started handling PIL as a tool for harassment because frivolous cases can be filed without heavy court fee as compared to private litigations. Due to the flexibility of character of the PIL, the opposite party gets an opportunity to ascertain the precise allegation and respond to specific issues.
Is PIL boon or bane?
PIL as a concept of providing justice to the needy is a boon in a country like India with a lot of problems like poverty and illiteracy, what also matters is its effectiveness.
What is the need to file PIL?
Various areas where public interest litigation (PIL) can be filed: Violation of religious rights or basic fundamental rights. Violation of basic human rights of the poor. Compel municipal authorities to perform a public duty.
What is the procedure to file PIL?
Generally, in any case, it is advisable to consult a lawyer before filing a PIL. If a PIL is filed in the High Court, then two copies of the petition have to be submitted in the court. Also, a copy of the petition has to be sent in advance to each defendant and proof of this has to be added to the PIL.
Who can file PIL Article 32?
Who can Public Interest Litigation under Article 32 with the Supreme Court of India? PIL can be filed by any person not for his personal benefit or pecuniary gain but for the benefit of the public at large.
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.
Can a person fight his own case in India?
Provision for Fighting One's Own Case as per Advocate's Act. Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India.
What is PIL explain with example?
In simple terms, 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 an access to the judiciary to obtain legal redress for a greater cause.
What is habeas corpus and mandamus?
While other Writs are issued in certain circumstances only, such as when a person is illegally detained (Habeas Corpus) or when there is overstepping of jurisdiction by a court (Certiorari), Mandamus can be issued in those cases where there is on the performance of duty the authority.