Filing a Pil in the supreme Court

Court - Filing a Pil in the supreme Court

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While collective Interest Litigation (Pil) may be a customary term, many habitancy are not so customary with the course for initiating a Pil seeking Writ remedies. Further, it may be moving for the readers to learn that courts can even act "Suo Motu" (by itself) to register a Pil based on a complaint or invite (even a post card will do).

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A Pil seeking writ can be registered under report 226 of the Constitution of India in any High Court in the country. It is also inherent to approach consummate Court directly for a writ under report 32 of the Constitution.

Filing a Pil in High Court or consummate Court

A Pil in High Court or consummate Court is filed in the same manner in which a writ request for retrial is filed. If it is filed in the High Court, two copies of the petitions need to be filed (5 sets if filed in consummate Court). Also, expand copy of the same has to be served to each respondent, and this proof of aid need to be attached to the request for retrial filed in the court, and a nominal court fee (multiplied per respondent) has to be affixed on the petition. The proceedings in the Pil, carries on in the same manner as in other cases.

However, it should be kept in mind that a Pil can only be filed against a State/Central government, Municipal Authorities, and not against any hidden party. But, a 'private party' can be included as a Respondent after production the implicated state authority a Party. For example, if there is a hidden factory in the outskirts of Chennai causing lots of pollution, the habitancy living nearby or plainly any someone can file a Pil against the Government of Tamil Nadu, State Pollution control Board, with the hidden factory owner as a respondent. That is, a Pil can't be filed against the hidden factory alone.

Regarding arguing the case, one does not need an advocate to draft or argue the Pil, as long as the petitioner can think, write, and argue straight. Since section 32 of the Advocates Act empowers anyone to recount anyone else in need, one could argue the case for oneself, and there is no need to hire an advocate for the same. Sometimes the court may ask the "locus standi" to be explained, and the petitioner could do it by coolly quoting report 51A of the Constitution of India, which underlines basal Duties of a Citizen. In short, it is just about telling the court what you stand for, and why you filed the Pil.

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