PIL in Supreme Court (English) скачать в хорошем качестве

PIL in Supreme Court (English)

PIL in Supreme Court (English) How PIL is filed in supreme Court, explained by Advocate of Supreme Court Mr. Umesh Sharma in breif with precise information on the subject. A PIL is filed under Article 32 of the Constitution of India by way of a writ petition and the writ of Mandamus, Certiorari, Prohibition, Quo Warantoo, Habeas Corpus is prayed. PIL can be filed against wrong and defective legislation, challenging some act of the governement. PIL can also be filed against inactivity of the Governemnt or any act which affects the public at large. In some cases PIL can be filed against the arrest of any person or non arrest of any person or on any criminal matter. The procedure for filing a PIL in court may vary depending on the jurisdiction and the court's rules, but here are some general steps that are typically involved: Identify the issue: The first step in filing a PIL is to identify the issue of public interest or infringement of fundamental rights that you want to raise in court. The issue should be of general public concern and not just a personal grievance. Prepare a petition: The petitioner (individual or organization) must prepare a petition detailing the issue and the relief sought. The petition should include the petitioner's name and address, a statement of the facts, and the legal grounds for the relief sought. Filing the petition: The petitioner then files the petition in the appropriate court. In India, for example, a PIL can be filed in the Supreme Court, the High Court, or the District Court, depending on the nature of the issue and the relief sought. Serving notice: The court may require the petitioner to serve notice of the petition on the respondent(s) (the government, public authority, or private entity that is allegedly responsible for the violation). The notice gives the respondent(s) an opportunity to respond to the petition and defend their actions. Hearing the petition: The court will then hear the petition and may issue notices to the parties involved, seek reports from government agencies, and appoint a commission or expert committee to investigate the issue further. Decision: After hearing the arguments of the petitioner and the respondents, the court will make a decision on the petition and issue appropriate orders or directives to address the issue raised. It is important to note that filing a PIL requires a thorough understanding of the legal system and the issue at hand. It is advisable to consult a lawyer or a legal expert before filing a PIL in court. Public Interest Litigation (PIL) is a legal mechanism that allows citizens or non-governmental organizations to seek legal remedy for any violation of public interest or infringement of fundamental rights of a group of people or society at large. PIL is a judicial activism tool that enables the public to participate in judicial proceedings and bring important issues to the court's attention. PIL is a way of enforcing social, economic, and environmental rights and securing justice for the disadvantaged or marginalized sections of society who are unable to access the legal system due to financial, social, or educational barriers. It allows individuals or organizations to file cases in courts on behalf of a larger public interest and seek legal remedies, such as the enforcement of laws and policies or the provision of compensation for damages caused. PIL is a significant tool for promoting transparency and accountability in governance, protecting human rights, and ensuring justice for all. It has been used to address a wide range of issues, including environmental degradation, corruption, discrimination, human trafficking, and socio-economic disparities. PIL has been recognized as an important instrument of democracy, empowering citizens to hold governments and other powerful entities accountable and promoting the rule of law. PIL Public Interest Litigation Supreme Court of India Indian Judiciary Legal Activism Fundamental Rights Social Justice Governance Rule of Law Constitutional Law Judicial Activism Environmental Protection Human Rights Socio-Economic Disparities Transparency and Accountability Indian Constitution Court Procedure Legal Remedies Access to Justice Democracy