It may be in toto true that the contemporary indian politicians are not shrewd and good law makers, but still because of our great, brainy and sagacious leaders we are having very good and great laws. Considering the ups and downs of Indian economy, judiciary, politics they promulgated our great and world's biggest written constitution.
The constitution is the most robust and vigorous document of India and is above all. It defines the powers of everyone and proclaims the rights of people, their fundamental duties and everything that we need. Our progenitor have inscribed and penned down the whole country in our constitution. Our greatest constitution on one side restrains anyone from misusing the power and on the other side gives the people of India the rights that they need.
Constitution of India allocates various rights to the people of India which are as follows;-
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and Educational rights
6. Right to constitutional remedies
Constitution of India under Right to Freedom also accommodate the people of India the right to protest and say what they want and in this respect article 39A of Indian constitution is wonderful.
The issue of Public Interest Litigation (PIL) has been enshrined in the article 39A of Indian constitution. This PIL is one of the best and most powerful weapon that a common person, a pauper, a bourgeoisie man has.
"Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected."
Public Interest Litigation's explicit purpose is to alienate the suffering off all those who have borne the burnt of insensitive treatment at the hands of a fellow human being. Transparency in public life & fair judicial action are the right answer to check the increasing menace of violation of legal rights. Traditional rule was that the right to move the Supreme Court is only available to those whose fundamental rights are infringed."----According to Black's dictionary.
PIL eneable a person to file a litigation in public interest so as to take things into the consideration of court. A PIL can be filed free of cost. Even a letter sent to the CJI( Chief Justice of India) is deemed as a PIL and if the matter is of considerble significance the matter is judged and aribitrated.
According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: -
» There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult,
» The person bringing the action has sufficient interest to maintain an action of public injury,
» The injury must have arisen because of breach of public duty or violation of the Constitution or of the law,
It must seek enforcement of such public duty and observance of the constitutional law or legal provisions.
Hope that people of India will use this weapon for the benefit and upgradation of country.
The constitution is the most robust and vigorous document of India and is above all. It defines the powers of everyone and proclaims the rights of people, their fundamental duties and everything that we need. Our progenitor have inscribed and penned down the whole country in our constitution. Our greatest constitution on one side restrains anyone from misusing the power and on the other side gives the people of India the rights that they need.
Constitution of India allocates various rights to the people of India which are as follows;-
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and Educational rights
6. Right to constitutional remedies
Constitution of India under Right to Freedom also accommodate the people of India the right to protest and say what they want and in this respect article 39A of Indian constitution is wonderful.
The issue of Public Interest Litigation (PIL) has been enshrined in the article 39A of Indian constitution. This PIL is one of the best and most powerful weapon that a common person, a pauper, a bourgeoisie man has.
"Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected."
Public Interest Litigation's explicit purpose is to alienate the suffering off all those who have borne the burnt of insensitive treatment at the hands of a fellow human being. Transparency in public life & fair judicial action are the right answer to check the increasing menace of violation of legal rights. Traditional rule was that the right to move the Supreme Court is only available to those whose fundamental rights are infringed."----According to Black's dictionary.
PIL eneable a person to file a litigation in public interest so as to take things into the consideration of court. A PIL can be filed free of cost. Even a letter sent to the CJI( Chief Justice of India) is deemed as a PIL and if the matter is of considerble significance the matter is judged and aribitrated.
According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: -
» There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult,
» The person bringing the action has sufficient interest to maintain an action of public injury,
» The injury must have arisen because of breach of public duty or violation of the Constitution or of the law,
It must seek enforcement of such public duty and observance of the constitutional law or legal provisions.
How to file a PIL:
A PIL may be filed like a write petition. However, in the past the SC has treated even letters addressed to the court as PIL. In People's Democratic Union vs. Union of India, a letter addressed by the petitioner organization seeking a direction against the respondents for ensuring observance of the provisions of famous labour laws in relation to workmen employed in the construction work of projects connected with the Asian games was entertained as a PIL.
The SC has encouraged the filing of PIL for tackling issues related to environment, human rights etc.
Hope that people of India will use this weapon for the benefit and upgradation of country.
Jai Hind, Jai Bharat
Jai Ma Bharti
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