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avishik goenka (secretary)     06 April 2012

Article 226

hi ... i initiate pils. in sc. as petitioner in person .... in 2 matters notices have been issued .... however i am being advised lately to move to high courts u/s 226 since grievances similar to those u/s32 can be addresed. i have lately read too on state high courts issuing notices to central govt. bodies .... what i cannot understand is when the jurisdiction of high courts is limited to states how it can issue notices on matters concerning the nation ?? for example - like recently a pil. in sc. u/s 32  to mandatory imprint - picture and signatures on all - credit/debit/atm. cards was dismissed although i had supporting views from multiple police establishments as non  printing endangers security of users .... COULD THE PIL. HAVE QUALIFIED U/S 226 IN ANY HIGH COURT ?? IF YES THEN ON WHAT GROUNDS ?? THANKS .....



 6 Replies

john (Associate)     06 April 2012

Well,Writ Petitions either Civil or Criminal are slightly different from PILs.Infact every PIL has an element of Writ Petition connected with the same.But every writ Petition before a High Court or a Supreme Court may not be a PIL.There are different rules Notified by different High Courts to treat a Writ Petition as a PIL.Secondly,High Courts enjoy more powers U/A 226 then that of the Supreme Court itself U/A 32.You should have no doubt in your mind that a High Court is competent and capable enough to Issue all kinds of Writs against the Union of India.They can even set aside a provision of a Central Act if found contrary to the Constitution Of India.Sky is the limit under Article 226.But point to remember that PIL is still different from a Writ Petition.

Dr J C Vashista (Lawyer)     07 April 2012

Rightly advised by Mr. John, I concur.

Regarding Writ jurisdiction High courts have much and wider powers U/A 226 & 227 of the Constitution of India in comparision to those of Supreme Court who have limited scope U/A 32.

However, Supreme Court enjoys appellete power against the orders of all High Courts whether appellette or any of the writ(s).

Public Interest Litigation totally different from Writ may be taken up by either of the court.

avishik goenka (secretary)     07 April 2012

thanks sir, amazed to finf such wonderfull suggestions without any fee !! contended to find equally public spirited law professionals !!

avishik goenka (secretary)     07 April 2012

in 265/2010 & 285/2011 - orders have been reserved after hearing my arguments in person and those of learned consels too !!

avishik goenka (secretary)     07 April 2012

sorry it will be - 285/2010 and 265/2011.

B.N.Rajamohamed (advocate / commissioner of oaths)     22 May 2012

Sir,

PIL is a remedy to voice out the grievances of the public by any ndependent person having no specific interset in the subject matter but for the interest of public and to unhold justice and preevent violation of fundamental rights . If the subject matter has the cause of action in the state , a writ U/A 226 of the constitutiion of INDIA can be filed . If the matter involves a national significance a PIL U/A 32 of the constitution of India can be filed. Every PIL has its own significance.


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