Writ Petitions under Article 32 to the Supreme Court and Article 226 to the High Court. Law General Knowledge for handling Writ Petitions and Public Interest Litigation (PIL)

Important Legal questions, General terms and Procedures related to filing of Writ Petitions and PIL in Supreme Court and High Court are as under:

 

SNo Legal Term/Question Answer
1 Under which Article a Writ Petition is filed in Supreme Court Article 32 of the Constitution of India
2 Under Which Article a Writ Petition is filed in High Court Article 226 of the Constitution of India
3 What is the purpose of filing Writ Petition For Constitutional Remedies
4 What are the types of Writs Mandamus, Habeas Corpus, Certiorari, Prohibition, Quo Warranto
5 What is Writ of Mandamus A writ issued by a court to compel performance of a particular act by lower court or a governmental officer or body, to correct a prior action or failure to act.
6 What is Writ of Habeas Corpus A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official  deliver an imprisoned individual to the court and show a valid reason for that person's detention. The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep roots in English common law.
7 What is Writ of Certiorari Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court, tribunal or quasi judicial authority.
8 What is Writ of Prohibition The Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it.
9 What is Writ of Quo Warranto The word Quo-Warranto literally means "by what warrants?" or "what is your authority"? It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled
10 What is the power under Article 227 for High Courts Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction

 

 

SNo Legal Term/Question Answer
11 Can an interested party file PIL No
12 Can PIL be filed in a service matter No
13 Which is the form to file Writ Petition in Supreme Court Form 32
14 Which is the form to file PIL in Supreme Court Form 33
16 What are the categories of Petitions under PIL in Supreme Court 1. Bonded Labour matters

2. Neglected Children

3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases)

4. Petitions from jails complaining of harassment, for (pre-mature release) and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.

(5) Petitions against police for refusing to register a case, harassment by police and death in police custody.

(6) Petitions against atrocities on women, in particular harassment of bride, bride- burning, rape, murder, kidnapping etc.

(7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.

(8) Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.

(9) Petitions from riot victims

(10) Family Pension

17 What are the Petitions which will not come under PIL category in Supreme Court (1) Landlord-Tenant matters

(2) Service matter and those pertaining to Pension and Gratuity.

(3) Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above

(4) Admission to medical and other educational institution.

(5) Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

18 What is the Jurisdiction of Supreme Court to entertain PIL Extraordinary original jurisdiction under Article 32 of the Constitution read with Order XXXVIII Rules 1 and 12(1)(d) and (2) of the Supreme Court Rules 2013
19 What are the mandatory disclosure for PIL in Supreme Court A PIL in Supreme Court should contain the following:

1. (a) the full name of the petitioner, his complete postal address, eMail address, phone number, proof regarding personal identification, occupation and annual income, PAN number and National Unique Identity Card number, if any;

(b) the facts constituting the cause of action;

(c) the nature of injury caused or likely to be caused to the public;

(d) the nature and extent of personal interest, if any, of the petitioner (s);

(e) details regarding any civil, criminal or revenue litigation, involving the petitioner or any of the petitioners, which has or could have a legal nexus with the issue (s) involved in the public interest litigation; and

(f) whether the concerned Government Authority was moved for relief (s) sought in the petition and if so, with what result.

2. It shall be accompanied by an affidavit stating that the petitioner has no personal gain, private motive or oblique reason in filing such petition.

3. It shall contain a statement/declaration of the petitioner that, to his knowledge, the issue raised was not dealt with or decided and that a similar or identical petition was not filed earlier by the petitioner or by any other person and in case such an issue was dealt with or a similar or identical petition was filed earlier, its status and the result thereof.

20 What are the conditions to file Writ Petition in Supreme Court 1. A petition under Article 32 of the Constitution read with Order XXXVIII Rule 1 of the Rules for a direction or order or writ, including writs in the nature of mandamus, prohibition, quo warranto and certiorari or any of them, shall be filed in Form No. 32 setting out the name and description of the petitioner (s) and respondents (s), the nature of fundamental right infringed, the relief sought and the grounds on which it is sought.

2. The petition shall be --

(a) accompanied by original or certified copy or true copy of
the order or decision, if any, complained of;

(b) supported by an affidavit verifying the facts relied upon.

3. The petitioner shall state whether the petitioner has moved the High Court for similar relief and, if so, with what result.

4. When a petitioner relies upon document (s) in his possession or power, he shall file those documents along with the petition. Where such document is handwritten or is not fairly legible, it shall be accompanied by true, typed or printed copy thereof:

Where such documents are not in his possession, the petition shall annex a list of such documents to the petition.

 

 

SNo Legal Term/Question Answer
21 What are the other type of Writ Petition that can be filed in Supreme Court (i) complaints about harassment or torture or death in jail or by police;

(ii) complaints of atrocities on women, such as harassment for dowry, bride burning, rape, murder and kidnapping;

(iii) complaints relating to family pensions; and

(iv) complaints of refusal by police to register the case.

22 What are the documents to be accompanied with Writ Petition in Supreme Court (i) Affidavit of the petitioner duly sworn

(ii)Annexures as referred to in the Writ Petition.

(iii) Court fee of Rs.500 per petitioner (In Crl. Matter no court fee is payable)

(iv) Index (As per Specimen enclosed)

(v)Cover page (as per Specimen enclosed)

(vi) Any application to be filed, Rs.120/- per application

(vii) Memo of Appearance

(viii) Application seeking permission to appear and argue in person (in case of petition filed by petitioner-in-person), Court fee Rs.120/-

23 Is Jurisdiction of High Court and Supreme Court in Writ Petition is same? No, the jurisdiction with the High Courts (Article 226) with regards to a writ petition is wider and extends to constitutional rights too.
24 Is Writ Petition maintainable against Private unaided Education Institution Yes, Writ Petition is maintainable against private unaided schools. Case name: Mawari Balika Vidyalaya v. Asha Srivastava & ors.
25 Is Writ Petition is maintainable if liberty to file review is granted Writ petition not maintainable if liberty to file review petition is granted while dismissing appeal
26 Is Res judicata applicable in PIL cases No
27 Is there any limitation period to file Writ Petition No. But the Writ Petition should be filed within a reasonable time.
28 Is Writ Petition maintainable when SLP dismissed in limine Yes. In Indian Oil Corporation Lid. v. State of Bihar, the question that arose before the Supreme Court was whether the dismissal in limine of a special leave petition filed before the Supreme Court by a party challenging the award of a Labour Court would preclude the said party from subsequently approaching the High Court under Article 226 of the Constitution seeking to set aside the said award. The Court held that a writ petition was maintainable and was not barred by res judicata or principles analogous thereto
29 Who can file a writ of Habeas Corpus Generally, the person who is an illegal detainee files the writ of habeas corpus. To begin the writ process for filing a petition of Habeas Corpus, one can file it and issue it against any public authority or any particular individual. However, in certain cases, the court may allow other people to file a writ of habeas corpus on behalf of the detained person, who is their friend or relative.
30 What are the requirements of the writ of mandamus There should be a legal right in existence

The legal right should be enforceable by the court

Enforcement of such a right must impose a responsibility of per on a person, public authority, corporation or government

Such duty is of public nature

31 Against whom the Writ of Mandamus is issued An individual or a private body

If the duty which is the subject matter is discretionary and not mandatory

It can be issued against the president or the governor of the state

Against an acting chief justice

To enforce a private contract

32 Who can file writ of mandamus Any person, be it an individual or a private body can file for the court petition under the writ of mandamus, so long as they have legal rights in the concerned matter to do so.

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