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How to file a PIL in the Supreme Court of India is being explained hereunder in details with important tips on how to file a PIL in Supreme Court of India. The format of the PIL in the Supreme Court of India and the important processes also explained.
The name PIL has not been defined in the Constitution and is a more popular name for a Writ issued by the Supreme Court in the exercise of its original jurisdiction under Article 32 of the Constitution of India which is considered to be highly prerogative. The following steps describe in brief the process how to file a PIL in Supreme Court of India.
- STEP-I of how to file a PIL in Supreme Court of India is to check about the subject on which one is planning to file the PIL. He should also read all the details of the provisions of the law and the violations of the law if any being done by the State or any statutory body. PIL can only be filed on the basis of existing legal right or violation of the legal right by the Government.
- STEP-II of how to file a PIL in Supreme Court of India is to make a detailed representation regarding the violations being made by the department concerned or the concerned authorities to take the remedial steps in this regard. If possible a reminder to the same may also be given.
- STEP-III of how to file a PIL in Supreme Court of India is to check any arbitrary law, irregularity in the enforcement of law and the class of people being affected by such law or the inactivity of the department concerned.
- STEP-IV of how to file a PIL in Supreme Court of India is to collect all the relevant material, press reporting s, documents, statistics, facts etc in this regard and arrange them chronologically.
- STEP-V of how to file a PIL in Supreme Court of India is to draft a Writ petition under Article 32 of the Constitution of India citing the violations of the law, inactivity of the state and all other grounds. The format for PIL is given below which may be used. It is important to take the assistance or services of a trained legal hand for the purpose.
- STEP-VI of how to file a PIL in Supreme Court of India is to prepare and file the PIL in Supreme Court of India before the Registry of the Supreme Court of India and get the matter listed before the court after due scrutiny. The matter is thereafter listed before the Court of hearing and orders accordingly.
WRITS WHICH CAN BE ISSUED:
Writ of Mandamus can be issued against inaction, inactivity of the State or any statutory body or any Government body in any manner.
Writ of Certiorari can be issued for quashing of any judicial or quasi-judicial proceedings or any other irregular proceedings being conducted by any wing of the State.
Writ of Prohibition can be issued against any wing of the State or any statutory body if it is exercising its powers beyond its jurisdiction i.e. beyond the legal powers vested in it.
Writ of Quo Waranto can be issued against any wing of State or any statutory body if it does not enjoy the legal authority to act, or his appointment to the post is illegal or is irregular.
Writ of Habeas Corpus can be issued for producing the body of a missing person. This is the only writ which can be issued by a private body or individual also.
A writ can be by way of a writ, order or direction normally. It can be in form of any other form of order issued by the Court.
Important documents to be enclosed along with a PIL in Supreme Court of India:
(i) Affidavit of the Petitioner.
(ii) Annexures as referred to in the Writ Petitioner, with court fees of Rs.2/- per annexure is to be filed.
(iii) 1+5 copies of the Writ Petition duly bound is to be filed.
(iv) Court fee of Rs.50/- per petitioner for civil matters, for criminal matters, no fees is required.
(v) Index of the papers.
(vi) Cover page.
(vii) Application for interim relief, stay, exemption etc .
(viii) Memo of appearance, Rs. 5/- Court fee.
HOW TO FILE A PIL IN SUPREME COURT OF INDIA- SUGGESTIVE FORMAT OF THE PIL IN SUPREME COURT OF INDIA
SYNOPSIS AND LIST OF DATES
(Please give a brief description mentioning the important dates leading to the filing of the PIL in a chronological manner.)
HEADING OF THE CASE: IN THE SUPREME COURT OF INDIA
Public Interest Petition No
IN THE MATTER OF
(Name and address of the of the petitioner with his complete address) …..Petitioner
(Name and address of the respondents with their complete address) ….Respondents
PUBLIC INTEREST PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT ORDER OR DIRECTION
The Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India,
The Humble petition of the Petitioner above named:
MOST RESPECTFULLY SHEWETH:
I. FACTS OF THE CASE
Give in brief the facts leading to the filing of the PIL. We suggest the following paragraphs be amended suitably and incorporated in the PIL.
ii. That the petitioner is filing the present writ petition in public interest. The petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for the gain of any other person/institution / body and that there is no motive other than of public interest in filing the writ petition.
iii. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals/RTI applications.
iv. That the petition, if allowed, would benefit the citizens of this country generally as rule of law is essential for democracy and such brazen violation of law by the respondents can be stopped by the orders of this Hon’ ble Court only.
v. That the persons affected by such acts of the State are numerous and are not in a position to approach the Hon’ble Court hence the petitioner is filing the present PIL on behalf of such affected persons.
2. QUESTIONS OF LAW
State, in brief, the questions of law involved and describe the nature of the violation being done in the matter by the wing of the State or the inactivity of the State or any other irregularity, depending upon the facts of the case.
The main and legal ground on the basis of which the PIL is being filed is to be mentioned in this para.
4. AVERMENTS OF THE CASE
State all the facts related to the matter in brief here citing all the documents as annexures in a chronological manner and narrate the entire sequence of the facts.
5. MANDATORY DECLARATION
That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.
In the above premises, it is prayed that this Hon’ble Court may be pleased to:
(i) Prayer made by the petitioner.
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS IN DUTY BOUND, EVER PRAY.
Mention the Name of the advocate
I N D E X
Sl. No. PARTICULARS PAGES
1. Synopsis and List of Dates
2. Writ Petition alongwith Affidavit in support
4. Application if any
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. ————————OF————————.
P A P E R – B O O K
FOR INDEX KINDLY SEE INSIDE
Filed on: (Mention the date on which petition is filed)
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