Pil
Ranjeet Singh chauhan
(Querist) 11 April 2012
This query is : Resolved
Does one need to be a lawyer to file PIL (CWP).
S. Subramanian is filing number of PIL in High and Supreme Court and I guess he is not advocate.
Is there any difference bwtween PIL and CWP
Kiran Kumar
(Expert) 11 April 2012
its not necessary to be a lawyer to file a PIL.
CWP is Civil Writ Petition.
ajay sethi
(Expert) 11 April 2012
subramnaiam swami is a lawyer .
however not necessary to be a lawyer to file PIL
Deepak Nair
(Expert) 11 April 2012
You need not be a lawyer to file a PIL
PIL - Public Interest Litigation
CWP - Criminal Writ Petition
Shonee Kapoor
(Expert) 11 April 2012
Rightly said.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 11 April 2012
PIL means public interest litigation.Hence any one who does not have personal interest in the cause but the Cause is of public interest(the people of India)one can file a PIL if he is Indian Citizen.
Sailesh Kumar Shah
(Expert) 14 April 2012
Anyone can file pil. no need to engage advocate or being advocate.
R.K Nanda
(Expert) 16 April 2012
No,anyone can file PIL.
malipeddi jaggarao
(Expert) 16 April 2012
The following paragraphs will make you understand PIL.
A Public Interest Litigation is different from ordinary litigation. It is not filed by a private person against another for enforcement of a personal right. The PIL is a device to protect the fundamental rights of the citizens who are in disadvantaged position, ignorant and poor and can not afford to meet the expenses of litigation. It is for the enforcement of basic human rights of weaker sections and whose fundamental & constitutional rights have been infringed by the wrongful act or omission of the State or Public Authority. The most important factor for filing PIL is presence of “Public Interest”. It must not be frivolous litigation by persons having vested interests. A PIL can be filed by any citizen if he is a member of the public acting bona fide and having sufficient interest in instituting an action for redress of public wrong or public injury; he is not a mere busy body who interferes in other people’s affairs, especially for selfish reasons, his action is not motivated by personal gain or any other oblique (indirect) consideration.
The birth of PIL in India took place by modifying the traditional requirements of locus standi, liberalizing the procedure to file writ petitions, creating or expanding Fundamental Rights, overcoming evidentiary problems, and evolving innovative remedies. Among all, modification of the traditional requirement of standing was sine qua non for the evolution of PIL. The need was more pressing in a country like India where a great majority of people were either ignorant of their rights or were too poor to approach the court. Realizing this need, the Court held that any member of public acting bona fide and having sufficient interest has a right to approach the court for redress of a legal wrong or legal injury.
A PIL may be filed like a write petition. The Supreme Court/High Court can treat even letters addressed to the court as PIL. It can be filed for the public cause/public welfare by filing a petition:
1. under Art.32 of the Constitution in SC;
2. under Art.226 of the Constitution in HC and
3. under Sec.133, Cr. P.C. in the Court of Magistrate.
C. P. CHUGH
(Expert) 16 April 2012
Well elaborative explanation by Mr Rao. This should resolve the querry.
