This article is written by Akash R. Goswami of faculty of law, Aligarh Muslim University. In this article, he has discussed the constitutional remedies and right to approach the Supreme Court provided by the Constitution of India, and the concept of Public Interest Litigation.
“Don’t interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.”
– Abraham Lincoln
Rights make people powerful, although it is not necessary that all citizens have equal resources and wealth one thing is for sure that they have it in terms of equality, all the countrymen inherently by birth, have their fundamental rights.
But to protect their rights people must have an alternative to enforce them. Article 32 works in that sense. With great power comes with great responsibilities, people use these rights as a weapon of harassment and PIL become the Industry of vested interest. Despite that, no one can be allowed to infringe on the rights of others. To ensure the safety of his/her rights people must be aware of the remedies provided in our constitution. Let us talk about in particular.
In day to day life, people do some acts which result in the violation of someone else’s rights. They may not do so deliberately but their acts may result in the violation of rights. Some rights if contravene, people ask for compensation or damages like in contracts & torts. But if some rights especially the fundamental rights are violated then people seek to constitutional remedies.
To know more about right to constitutional remedies in brief, please refer to the video below:
“Constitutional remedies” is envisaged in our Indian Constitution under article 32 in Part III. Every citizen of India is guaranteed five fundamental rights, in totality it’s six but if any of the five fundamental rights are violated then the sixth fundamental right ensures people and protects other fundamental rights from being violated. concerning that, if any fundamental right is infringed, sixth fundamental right .ie. “Right to Constitutional Remedies” provides that people can enforce or claim these rights in the Hon’ble Supreme court.
Remedies for enforcement of the rights conferred by Article 32
This article contains four clauses:
- People have the right to move the Court by appropriate proceedings for the enforcement of their rights granted by part III of the Indian Constitution. In other words one can move to enforce his/her right to the apex court in way of proper proceedings is assured.
- Apex Court shall have the power to Produce orders, directions, injunctions, and writs, including writs in the nature of habeas corpus, mandamus, quo warranto, prohibition and certiorari whichever may be suitable, for the enforcement of any of the rights conferred In part III.
- Parliament can empower any other court to issue directions, does not include Supreme Court & High court. M.V Plyee rightly claims the first three clauses of article 32, together make fundamental rights under the constitution real and forming the Crowing part of the entire chapter.
- The right to move to the Supreme Court shall not be suspended except provided by the constitution like in case of emergency. In other words, the President of India may under article 358 make separate proclamation by which Article 32 remains suspended even the person’s right is violated. This is because individual liberty is not more important than the interest of states.
Right to constitutional remedies works on the Doctrine “Ubi Jus Ibi Remedium” which means when there is right there is a remedy. As the people of India guaranteed many rights so no one can violate these rights, then there must be some remedies to protect them.
In case Ram Singh vs Delhi , the Supreme Court of India observed that it is the duty of the supreme court to see the right, intended to be fundamental must be kept fundamentally.
A mere threat to infringement of fundamental rights is enough to justify the issue of the writ in case of Simranjit vs Union Of India.
Power to issue the writ is not only vested in the hands of the Supreme Court of India, but also in the hands of every High Court of India. Article 226 empowers the High Court to issue any person or authority and state institution, including the government call for directions, orders or writs. Writs in the nature of habeas corpus, mandamus, prohibition, certiorari, quo warranto or any of them.
Article 226 has four clauses
- Notwithstanding anything in Article 32, every High Court shall have the power throughout the territory in which High Court exercises its jurisdiction issue writs, orders and directions for the enforcement of right conferred in part III and for any other purpose.
- Power assured by clause (1) to issue directions,orders or writs by High Court within the territory exercising its jurisdiction in relation to the territory in which the reason of action, wholly or partially, arises for the exercise of such power, notwithstanding that the bench of such Government or authority or the residence of such person is not within those territories.
- Where a writ petition has been filed against the respondent party an interim order by way of injunction or stay has been passed against respondent without-
- Providing to such parties, copies of the petition and all documents in support thereof.
- Giving such a party an opportunity to be heard.
- If such respondent party moves an application for removing the interim order and gives a copy of such application to the petitioner, the Court is required to decide such application within two weeks from the date on which such application is filed or on the date on which the copy of such application is provided to another side whichever is later.
- The power empowered to the High Court by this article shall not be in derogation of the powers entitled on the Supreme court by clause (2) of Article 32.
Writ petition only praying for refund of money against the State is not maintainable observed in the case Suganmal vs State Of Madhya Pradesh.
It is established that the remedy provided in Article 226 of the Constitution of India is a discretionary solution which means on its own will, and the High Court has always its discretion to refuse or to grant such grievances in certain circumstances even though a legal right might have been infringed.
This article States that every High Court shall have superintendence over all Courts and Tribunal within the territory having the jurisdiction except the court established by the armed forces.
High Court can, under Article 227
- Call for returns from such courts.
- draft and issue general to maintain rules and regulations for smoothing the practice and proceedings of such courts.
- Prescribe the mode in which books, documents, entries, and accounts be kept by the officers.
- Settle salaries and remuneration allowed to the sheriff and clerks of such Court.
Difference between Article 32 & Article 226
Article 32 entitled the Supreme court to issue directions, orders, and writs in the nature of habeas corpus, mandamus, prohibition, certiorari, quo warranto.
Whereas, article 226 gives power to every High Court to issue directions, orders, and writs in the nature of habeas corpus, mandamus, prohibition, certiorari, quo warranto, and for any other purpose like an administrative tribunal.
Article 32 can be suspended during the time of emergency by the President of India (except article 21 & 22).
On the contrary, Article 226 can not be suspended even during times of emergency.
Article 32 is itself a Fundamental Right. An aggrieved party can approach the Supreme Court for redressal for the enforcement of a right, being it is a fundamental right.
On the other hand, Article 226 is not a right as that of article 32.
Being the guarantor of Fundamental Rights, the Supreme Court can not refuse to issue Writs.
But the High Court has the Discretionary power while issuing the Writs.
Supreme Court has the right to issue the Writ All over the Territory of India.
In comparison, the High Court can issue the Writs within the territory of India in which it exercises its jurisdiction.
Writs are the formal written document bearing the name of the court, or other legal authority to do some act, abstain or refrain from doing something. These writs have been borrowed from England, where the history of writs had a long development and counted for more number of technicalities.
Under Article 32 & 226 of the Indian Constitution supreme court and the high courts have the power to issue Writs respectively. In India, first writs were issued by the Supreme Court at Calcutta later by the supreme court of Bombay & madras and since 1861 & 1937 by high courts and Supreme Court of India respectively.
There are five types of writs which are as follows.
The term habeas corpus is derived from the Latin term which means “You must have the body”. In the legal context, it stands for habeas corpus Ad subjiciendum means writ for securing liberty. By the help of this writ Court direct the person or any authority and state institution whosoever detained/wrongfully confines another person, to produce the body of the prisoner before the court so as to decide by the court the validity, jurisdiction, and justification for such detention. The principle aim of this writ is to ensure judicial review of unlawful detention on liberty or freedom of an accused. And also enables an immediate claim of the right of a person as to his freedom.
Article 22 of the Indian Constitution provides that, if the police or any authority arrested the person is required to be produced before a magistrate within 24 specified hours of his arrest (excluding the journey hours) and miss out to do so would entitle the arrested person to be released.
This writ can not be granted where a person has been committed taken by police under an order from a competent court then its Prima facie (at first sight) the order does not appear to be without justification, jurisdiction or wholly illegal, hence writ of habeas corpus would not be work.
It is granted not only against state but also against the individual, where a person holds the wrongful detention of another person, in this case, it is the duty of the police to make necessary efforts and make sure that the detention of the person got released, but the police can not put under pressure to do the impossible.
In the case of the National Emergency imposed this Writ can not be issued and people can not seek the assistance of the court for illegal detention observed by the Supreme Court in Case A.D.M Jabalpur vs. Shivkant shukla. Five Judges constitutional bench gave this controversial judgment with a ratio of 4 out 5.
This means what is your authority? This writ is used to Control the judicially Executive actions in the matter of appointment to public office under relevant provisions. This writ also helps in to protects citizens from the holder of a public office which he has no Right and calls upon the holder to public office to the Court on what Authority he is holding the office is a question. If he is not eligible for the office then the court directs the person to vacate the office and declares the office to be vacant.
This writ helps to maintain control over Executive from making appointments in public office against law and also protects the public from being deprived of public office to which the public has a right.
Quo Warranto also helps to prevent illegal usurpation of public office by an individual. To issue this writ there must be some conditions to be satisfied by the court that the office is in question must be public,created by the constitution or law or by statutory provisions and the person who is holding the office is not qualified to hold the office and the person has to show on what Authority he is holding the office. In the case of Jamalpur Arya samaj vs. Dr D ram, Patna High Court said that writ of Quo Warranto can not be issued against private association only public offices will be lying under this writ scope.
Derived from the Latin term meaning “We command”. It is issued by the Court to an authority directing to perform a public duty which is imposed on it by law. In other words, when a body omits to do Some act which it’s bound to do, it can be commanded to do the same.
Mandamus writs help to confines the limit of the body and exercise its Jurisdiction within the scope vested on it. To issue this writ there must be some conditions that are required to be fulfilled that the petitioner must have the legal right to the performance of the legal duty, the legal duty must be of public nature. The right sought to be enforced must be subsisting on the date of the petition and as a general rule mandamus is not issued in anticipation of injury.
Mandamus can not be invoked against the President & Governor of the state in his personal capacities, moreover no mandamus can lie against an officer or member of parliament or an officer or member of State legislature in whom power is vested by the Constitution for Regulating procedure and conduct of the business for maintaining Order and conduct in parliament as well as state legislatures.
In the literal sense, it means “to be informed” or “To be Certified”. It is issued by the apex/higher Court to the lower Court or to the Tribunal either to pass-on a case pending with the later to itself or to Squash the order of the later in a case. It is issued when there is an excess of jurisdiction or lack of jurisdiction or there is an error of law.
The writ of Certiorari is preventive as well as curative in nature and could be issued only against the judicial or quasi-judicial body and not against the administrative body. After 1991, the Supreme Court ordered that this writ can be issued against the Administrative body affecting the rights of individuals. But a writ of certiorari cannot be issued to produce a call for records or paper And proceeding of an Act or Ordinance and for Quashing such Act and Ordinance.
Stand for “order inaction” and issued by the Higher Court to the Lower Court or Tribunal Directing the judge or party to cease the litigation because the inferior court does not have jurisdiction to hear and decide before it. This writ is an extraordinary remedy, rarely used. Same as the writ of certiorari, this writ can be issued against the Judicial & Quasi-judicial body.
The fundamental distinction between Certiorari & Prohibition that they are issued at different stages of proceedings. When a subordinate court takes up a matter for a hearing over which it has neither jurisdiction nor it has legal power to decide the case the person against whom injunction/action is taken can proceed to the Higher Court for the affair of writ of prohibition on which order would be issued for refraining the subordinate court from continuing the proceedings and hearings .
On the other hand, if the court takes the matter and gives the decision which it’s not legally bound to do, the party would need to move to a higher court to quash the order.
Public Interest Litigation
PIL stands for “PUBLIC INTEREST LITIGATION” Which simply means for the protection of public interest. PIL is a legal remedy initiated in a court of law for the enforcement of public interest or general interest in which masses have a peculiar interest by which their legal rights affected. In PIL it is not necessary that the aggrieved party itself approach the court anyone can introduce PIL even the Court itself or by any other private party. It is also not mandatory for the exercise of the jurisdiction of the Court, the victim approached the court personally. PIL is the power given to the general public by the Court through Judicial Activism, however, it is to be satisfied to the Court that the petition filed is for public protection, and not on the basis of lack of legal merit.
Concept of PIL
The concept of public interest litigation was initially planted in India by Krishna Iyer J., in 1976 in Mumbai Kamgar Sabha vs. Abdul Thai case, Moreover Indian PIL is the improved version of PIL of USA. Basically, public interest law provides legal representation to underprivileged groups and masses.
During the time of Emergency (1975-1977) the country witnessed the colonial nature of the Indian legal system, state repression and governmental lawlessness have been done on a wide scale, there is complete deprivation of civil and political rights. Many innocent people, including political opponents and journalists, were sent to jail, this will provide better circumstances and for the judges of the Apex Court to disregard the hindrance of the Anglo-Saxon procedure and give access to justice to the poor.
Before the 1980s, only the affected parties had the Locus Standi to file the case and continue the procedure and a non-affected person having no locus standi will not do so. However, all these scenarios gradually changed during the post-emergency period and Supreme Court tackles the problem of access to justice by radical changes and modification has been done in the requirement of locus standi and of party aggrieved.
Magnificent efforts of Justice P.N Bhagwati & Justice V.R Krishna Iyer been the main reason for the Juristic Revolution to convert the Apex Court of India into the Supreme Court for all the Indians.
First Case of PIL was reported in 1979 showing the inhuman conditions of prisons and trial prisoners and a new era of PIL proclamation is done by Justice P.N Bhagwati in SP Gupta vs. Union Of India. In this case, held that any member of public action or group with bonafide intention invokes the writ of Jurisdiction from High Court and Supreme Court seeking redressal against violation of the legal or constitutional right of a person who due to social or economic or other reasons can not approach to the court.
Due to the influence of this case, PIL becomes a powerful weapon for the enforcement of public duties.
Importance of PIL
There is numerous importance of PIL, let us discuss below them-
- PIL is the better use of law to advance human rights and cover the scope of broad public issues.
- Through the concept of PIL court seek to protect human rights by creating a new regime and expanding the meaning of fundamental rights.
- Filing of PIL is an inexpensive remedy anyone can get relief easily and hence remedial in nature.
- PIL helps us to improve things, which is not done by the executive properly as the Judiciary haul up the executive.
- If a person is unable to produce sufficient evidence to support his/her case due to the economic and social cause, the Court may appoint a commission to look into the matter and collect the relevant facts about the case.
- Through judicial invigilation, Court seeks to maintain state institution or also protect the rights of minorities and countless efforts made through PIL to maintain a healthy environment.
Process of filling a PIL
Any citizen of India can file a PIL for the sake of public welfare where the interest of the masses get affected under Article 32 in Supreme Court or under Article 226 in High Court and under Court of Magistrate under section 133 of CRPC. .A court can treat a letter or telegram as a Writ Petition and takes action upon it if some conditions collateral to it should be satisfied.
Public Interest Litigation has been logged in the same manner, as a writ petition is filed. If a PIL is filed in the High Court, then two copies of the petition have to be filed. And for the Supreme Court, then Five copies Also, an advance copy of the petition has to be served to each of the opposite parties, and this proof of service must be affixed on the petition. After that a Court fee of Rs. 50, for each number of the party, have to be affixed on the petition. Proceedings, in the PIL, start and carry on in the same manner, as other cases.
However, during the procedure and hearing of case proceedings, if the Judge feels that he may appoint the commissioner, to investigate the facts and allegations like pollution being caused, trees being cut, etc. After givings of replies, by the opponent party, or reapplication by the petitioner, the final hearing takes place, and the judge gives his eventual decision.
Subject Matter of PIL
Some categories are as follows which will be entertained as PIL
- Bonded labor
- In the matter of exploitation of children
- Non-payment of minimum wages
- Petitions coming from jails, complaining about the harassment, speedy trial, death in jail as a fundamental right, etc.
- complaint against police for refusing to register a case, bride-burning, etc.
- Petitions against the cruel acts on women, in particular, harassment of bribe, bribe-burning, murder, rape, kidnapping, etc.
- Petitions complaining harassment of persons belonging to scheduled caste and scheduled tribes
- Petitions pertaining to environmental issues
Merits & Demerits of PIL
Help to serve people at large not only individuals but also a weaker of the society, as PILi a is the less expensive remedy.
Whereas, due to its less fee more number of PIL filed hence lead to a lack of legal merit only used as a tool of harassment.
PIL is a speedy trial method as it can be issued by the High Court as well as Supreme Court, so it is not necessary to move orderly in court.
Due to the pool number of PIL, it kept busy Courts hence Court pay less attention to other litigations.
The mechanism of human rights can be managed and protected and set a new democratic regime.
But, sometimes people used PIL as a mass destructive weapon for the sake of his own benefit.
Aspects of Public Interest Litigation
(a) Remedial in Nature: The remedial nature of PIL is from traditional Locus standi rules. It indirectly incorporated the principles envisaged in part IV of the Constitution of India into part III of the Constitution. the longing and emerging of part IV into part III of the Constitution had changed the procedural nature of the Indian law into the dynamic welfare of public interest. In Bandhu Mukti Morcha v/s Union of India. Example of this change in the nature of the judiciary and for juristic revolution.
(b) Representative Standing: Representative standing can be viewed as an innovative standing exception which allows a third party (not an aggrieved party) to file a habeas corpus petition on the ground that if the aggrieved party cannot approach the court himself. And in this context, the Indian concept of PIL is much wider as compared to the American.
(c) Citizen standing: This doctrine marks a great expansion of all the court’s rule, and hence being a protector of an individual right to the guardian of the rule of law.
(d) Non-adversarial Litigation: The Supreme Court in case People’s Union for Democratic Rights v. Union of India, held that point with all the emphasis on that public interest litigation is a totally distinct kind of litigation and unlike from the traditional litigation which is essentially of an adversary nature where there is a dispute between two parties, one making claim or seeking relief against the other (appellant) and that other opposing such claim or resisting such relief (respondent).
(e) Smoothing the strict rule of Locus Standi: The stern rule of locus standi has been cut short by way of Representative standing, and Citizen standing which has explained earlier. In D.C.Wadhwa v. State of Bihar. Supreme Court held that an applicant, a professor of political science who had done the relevant research and enormously interested in ensuring proper implementation of the constitutional provisions, challenged the practice which becomes the usage of the state of Bihar in proclaiming a number of ordinances without getting the approval of the legislature. The court held that the applicant as a member of the public has initiates ‘sufficient interest’ to maintain a writ petition under Article 32.
The strict rule of locus standi has been moderate and a person who is acting in a bonafide (good intention) and having sufficient interest in the proceeding of Public Interest Litigation will have a locus standi and he/she can approach the court to wipe out such violations of fundamental rights and genuine violation of statutory provisions, but not for personal gain or personal profit or political motive or for not any unlawful consideration. the court has to balance between two conflicting interests:
(i) nobody should be allowed to engage in wild and reckless allegations which result in harm in the character of others; and
(ii) nobody should be allowed to do public mischief and to avoid mischievous petitions which have no legal merit seeking strongly, for unlawful motives, is not justifiable by the executive and the legislature. It is unfortunate to note that on account of temporary proceedings initiated before the courts, number days are wasted, which could have been spent for the disposal of cases. Though the Supreme Court tries every possible effort in fostering and developing the concept of PIL and extending its arms of sympathy to the poor, ignorant, deserted or oppressed and the needy whose fundamental rights are infringed and violated and whose prayers go unnoticed, unrepresented and unheard.
(f) Epistolary Jurisdiction: The judicial activism played an important role and take the highest bonus when it’s ordered to wipe tears from some eyes. This jurisdiction is someway different from collective action. As anyone can send the petition in the form of a letter and postcard and it will be treated as a petition and there is no need to show Locus standi mere sufficient interest for public welfare with bonafide intention is enough. In order to that number of PIL cells were open all over India for providing the desk for help to the socially and weaker class of the society.
Factors that have contributed to the growth of PIL are as follows:
- The nature of the Indian Constitution. Unlike Britain, India has a written constitution and Part III ( which includes Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a structure for maintaining relations between the state and its citizens and between citizens and among themselves.
- India has the most progressive social legislation to be found anywhere in the world either relating to bonded labour, minimum wages, environmental issues, etc. This has made it quite easier for the courts to force the executive and state institutions when it is not performing their duties in ensuring the rights of the poor as per the law of the land.
- Political, social and economic rights given in the Indian Constitution under Part IV are not justifiable, courts have creatively put these into fundamental rights thereby making them judicially enforceable. For example, the right to life in Article 21 has been enlarged to include the concept right to free legal aid assistance, the right to live with dignity, the right to education, the right to work, etc.
- In PIL cases where the complainant is not in a position to provide all the necessary evidence, either because socially economically weaker, courts have appointed commissions to collect relevant information or facts and present it before the Court.
The mechanism for protection of Human Rights through PIL
Features of PIL is the better mechanism of PIL for securing Human rights, the courts seek to safeguard human rights in the following ways:
1) By inventing a new regime of human rights and by making a wider concept of the fundamental right to equality, life, and personal liberty. this results in, the right to a speedy trial, free legal aid, dignity, means and livelihood, education, medical care, clean environment, right again sexual harassment, solitary confinement, bondage and exploitation and so on emerge as human rights. These new re-conceptualized rights enforced through PIL.
2) Transformation towards a democratic state helps to assure justice. This is done by enlarging the scope of the traditional rule of locus standi. Any public or social action group can approach the court on behalf of the victim. Courts observation can be drawn even by writing a letter or sending a telegram. This is called epistolary jurisdiction.
3) By means of new kinds of relief under the court’s writ jurisdiction. For example, the court can award temporary compensation to the victims of governmental lawlessness. This contradicts the Anglo-Saxon model of adjudication. The grant of damages in PIL matters does not prevent the aggrieved person from bringing a civil suit for damages. In PIL cases the court can furnish any relief to the victims.
Landmark cases pertaining to PIL
- Prem Shukla v. Delhi Administration . In this case, a prisoner sent a letter to the judge of the court, complaining about the forced fetter on him and demanded protection against humiliation. The court considered the PIL petition and orders necessary directions considering the calm rule of locus standi.
- Dr.Upendra Baxi (I) vs. State of Uttar Pradesh & another  In this case, two law professors wrote a letter to the court and telling about the inhuman conditions in the Agra Protective Home for Women. The court considered the letter as a PIL and asked to improve the condition of the protective home for women.
- Vishaka vs. State of Rajasthan. In this case, a woman, who was a social worker, was brutally raped while she was in the course of her employment and on behalf of her; an NGO filed a PIL in the Supreme Court for the protection of the rights of women at the workplace. The court accepted the petition and laid down the guidelines to safeguard the interest of women at the workplace and after that Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted based on the guidelines laid down by Supreme Court in this case.
- M.C. Mehta vs. Union of India & Others. In this case, a PIL was filed to prevent and protect the Taj Mahal from the harmful gases and toxic gases released by the industry near the Taj Mahal. The court accepted this petition as it was for the protection of the environment from exploitation and the court ordered to put a Ban on 299 industries from using coal and asked them to change over to Compressed Natural Gas (CNG).
- Hussainara Khatoon vs. State of Bihar. This cause many people regarded as have the first PIL in India as well. In this case, the attention of the Court was on the inhuman condition of under-trials prisoners in the state of Bihar, who had been in detention pending trial for periods far in superfluity of the maximum sentence for their offences. The Court not only ordered to make the right to a speedy trial regarding the main issue of the case but also passed the order of general release of about 40,000 under-trials who had undergone detention beyond such a time period.
Role of Judiciary
In India, the Supreme Court makes the lead by allowing volunteer social activists to represent the interests of the poor and weaker sections of the society in judicial proceedings. By fattening the doctrine of locus standi in filing the petition and court introduced epistolary jurisdiction, which means to treat a letter written on behalf of an aggrieved person as a petition and examine the matter of the grievance.
In India judicial activism played a very important role. Generally speaking, when the Court takes up a matter for hearing or adjudication, it must be satisfied that the person who approaches the court has sufficient interest in that matter, It was made so in favour of social cause and the court accepts its validity make to set things right. Undoubtedly, such litigation has provided each and every citizen of India access to all the courts of the country.
It has developed in a way to democratize the judicial process through radical changes. Moreover, the PIL has contributed to the rise of a form of judicial scrutiny for governmental institutions ranging from hospitals, prisons, covering issues of health, environment, safety, security, privacy and etc.
Judicial activism is a very frequent and common phenomenon for one and a half decades. Its foundation laid down in the year of 1986 by Justice P.N. Bhagwati who bring the tradition of hearing a PIL even on a postcard and telegram. Justice Bhagwati has clearly stated, “The Supreme Court has chosen to take up a proactive and newly conceptualized approach for the last two years, particularly, having regard to the peculiar socio-economic conditions prevailing in the country.
Hindi meaning of Public Interest Litigation
This article basically deals with the remedies which are mentioned in our Indian constitution under part III of articles 32. And in this article any person whose legal or fundamental rights violated he/she move to the Supreme Court and High Court for the enforcement of their Right under article 32 and 226 respectively. Both the articles empower the courts to issue the decree of writs.
Writs are formal legal documents bearing the order of the court including the nature of habeas corpus, mandamus, Quo warranto, certiorari, and prohibition. It is circumstantial depending on the facts of the case that which writs will be issued to resolve the problem, however High court has the discretionary power in this regard.
Judicial activism enables more people to access to court through PIL, it is a writ petition filing for the cause of public welfare. Anyone can file PIL as PIL is for the protection of human rights. Judiciary provides an opportunity through PIL to a weaker section or socially backward people to get justice in an inexpensive way, this leads to a democratized country and juristic radical revolution in context to social, political, and economic justice as mentioned in the basic structure of the constitution.
To know more please Click Here.
- 1951 AIR 270
- AIR 193 Sc 280
- AIR 1956 Sc 1740
- 1976 Ssc 521
- 1976 AIR 1455
- (1997) 10 SSC 549
- 1982 AIR 1473
- 1987 AIR 579
- 1980 AIR 1535
- (1983) 2 SSC 508
- (1997) 6 scc 241