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PIL in Supreme Court of India can be filed by any affected person, any person interested with the cause or any social activist showing his concern with the community. Supreme Court in its various judgments has now established that PIL in Supreme Court of India can be filed by any person interested with the cause and it is not necessary that the affected party should come to the court seeking relief. The interested person who can file PIL in Supreme Court of India will have to establish his locus standi to the cause of action for filing of the PIL. In most of the cases when PIL in Supreme Court of India is filed against any policy or activity of the state, the issue of locus standi to file the PIL in the Supreme Court of India becomes a non issue as every citizen has a right in the policies of the state and any one claiming his right can file PIL in Supreme Court of India challenging the alleged action of the state.
PIL in Supreme Court of India is filed under Article 32 of The Constitution of India which provides the extraordinary remedy of issuance of writ by the Supreme Court in the matters concerning the fundamental rights. The writs as provided under the Constitution of India are of five types by and large for filing a PIL in Supreme Court of India only four writs are generally claimed by the petitioner. These writs are writ of Mandamus, Writ of Prohibition, Writ of Certiorari, Writ of Quo Warantoo. The fifth category of writ is Habeas Corpus which is basically a criminal writ and is filed for producing the body of a missing person.
Depending upon the facts of the case and applicability of the law and the breach of law by State the PIL in Supreme Court can be filed on any or all grounds seeking relief from the court. The format of PIL in Supreme Court if prescribed and the court accepts the PIL in Supreme Court in the said format only which is scrutinized by the Registry of the Supreme Court and then listed before the court for hearing. The court issues notice to the State or the concerned department and then proceeds in the matter accordingly. The format of PIL in Supreme Court of India is given hereunder which can be used as the basic format for filing of a PIL in Supreme Court of India and can be downloaded suitably.
Important instructions to be followed for filing of the PIL In Supreme Court of India:
(i) Affidavit of the petitioner duly sworn is to be filed alongwith the PIL in Supreme Court of India.
(ii) Annexures as referred to in the Writ Petitioner, with court fees of Rs.2/- per annexure is to be filed PIL in Supreme Court of India.
(iii) 1+5 copies of the Writ Petition duly bound is to be filed as PIL in Supreme Court of India.
(iv) Court fee of Rs.50/- per petitioner for civil matters, for criminal matters, no fees is required for PIL in Supreme Court of India.
(v) Index of the PIL in Supreme Court of India.
(vi) Cover page of the PIL in Supreme Court of India.
(vii) Application for interim relief, stay, exemption etc is to be filed alongwith the PIL in Supreme Court of India.
(viii) Memo of appearance with Rs. 5/- Court fee is to be filed alongwith the PIL In Supreme Court of India.
FORMAT OF PIL IN SUPREME COURT OF INDIA
SYNOPSIS AND LIST OF DATES ( A chronological list of the dates and events leading to the filing of the PIL in Supreme Court is to be given with description of all important events leading to the filing of the PIL in Supreme Court is to be mentioned and filed)
IN THE SUPREME COURT OF INDIA
IN THE MATTER OF
(Name of the petitioner with his complete address filing the PIL in Supreme Court of India…..Petitioner
(Name of the respondents with their complete address who are parties to the PIL in Supreme Court of India be given) ….Respondents
PUBLIC INTEREST PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT
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:
1. Facts of the case; Give a brief of the facts leading to the filing of the PIL in Supreme Court of India incorporating the following paras in details regarding the locus standi and the matter against which the PIL in Supreme Court is being filed:
i. 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 gain of any other person / institution / body and that there is no motive other than of public interest in filing the writ petition.
ii. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals/RTI applications.
iii. 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.
iv. 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. Question(s) of Law (State in brief the questions of law involved in the PIL In Supreme Court of India)
3. Grounds (Grounds on which petitioner is seeking relief in the PIL In Supreme Court of India)
4. Averment: (Give facts of the case, state all the facts related to the matter in brief here citing all the documents as annexures in chronological manner for the PIL In Supreme Court of India)
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:
(i) (Relief claimed by the petitioner in the PIL In Supreme Court of India)
(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 INDUTY BOUND, EVER PRAY.
ABC/ 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
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