Who is the respondent in PIL?Asked by: Prof. Amari Altenwerth | Last update: February 19, 2022
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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 are the parties in PIL?
A PIL may be filed against state government, central government, municipal authority not any private party. But, private person may be included in PIL as 'Respondent', after concerned of state authority.
Who can file PIL and against whom?
A Public Interest Litigation (PIL) is a petition that can be filed by any member of the public for any matter of public interest, for redress of public wrong or injury.
Who can file PIL in court?
Who can file it? Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.
Who was responsible for PIL?
The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests.
Difference Between Plaintiff, Petitioner, Applicant And Appellant | By Advocate Sanyog Vyas
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.
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.
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 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.
What is PIL in court?
Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.
Can PIL be filed against private companies?
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.
Is PIL a 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 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.
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
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 did PIL start 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. PIL had begun in India towards the end of the 1970s and came into full bloom in the 1980s.
How do you write a PIL?
- Cover Page: It includes only the main information like the name of the court, names of the petitioners, jurisdiction and PRN (Petition reference number).
- Memo of Parties: It includes only the name and registered address of petitioner/s and respondents/s.
When can civil courts PIL be entertained?
Letters/Petitions to be entertained as Public Interest Litigations may include the following categories: (1) Bonded Labour matters. Neglected children. Non-payment of minimum wages to workers and exploitation of casual workers and similar violations of Labour Laws, except in individual cases.
Who has the right to transfer any case anywhere in India?
Notes: According to Article 139A of the Constitution of India the Supreme Court has the right to transfer any case anywhere in the territory of India. The Supreme Court can also withdraw the case or cases pending before the High Court and dispose of all the cases to itself.
Can aggrieved person file PIL?
PIL is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary to file Public Interest Litigation by the aggrieved person who is a victim of violation of his or her right personally.
Who can file the case in Supreme Court directly?
As per the Supreme Court Rules a case can be filed in the Supreme Court of India only through a qualified Advocate on Record. Two of the Senior Partners of the Firm are Advocates on Record with more than 20 years of practice experience and hence the firm ensures the best services with regard to Supreme Court Practice.
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).
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.
Who is the current chief justice of India?
The current Incumbent and 48th chief justice of India is Nuthalapati Venkata Ramana, who entered office on 24 April 2021.
Who can appoint the chief justice of India?
The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.