Megha Bindal 25 August 2021
To answer a part of your query,
The Indian Constitution gives power to the Supreme Court and the High Courts to take Suo Motu action.
Under Article Article-129 and Article-215, The HC and SC can take action in case of contempt of court.
Article-129: The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
Article-215: Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.
In the cases of violation of fundamental rights, the Supreme Court and the High Court may take the Suo moto action under Article-32 and Article-226 of the Constitution.
Article-32 - The Supreme Court has original jurisdiction to entertain the cases related to the enforcement of the fundamental rights. The Apex Court has the power to take up the cases and initiate proceedings, that are pending before the High Courts of any State.
Article-226 - High Courts have the power to initiate legal action on their cognizance based on the information or PIL that they receive from media or any third party.
As well as, under article 131, the Supreme Court is vested with the power to take up action in case of any dispute arising between two States or between the Centre and a State.
I hope this helped.
Thanks and Regards,
Ghazala Rahman (advocate) 26 August 2021
minakshi bindhani 10 October 2021
Ananya Gosain 12 October 2021
Additionally, In the United States, the Constitution by virtue of Article III Section 2 Clause 1 allows the courts to take cognizance of a case only if there is a “case or controversy” involved. This has been interpreted to mean that the US Judiciary will not take up cases that are theoretical, unripe, advisory or where the matter has become moot. The Indian courts have long taken the lead in suo-motu cases, both in number and in scope.
It can be argued that such restraint is possible only in a mature democracy where the rule of law is accepted and there is public confidence in the abilities of the administrative and executive bodies.
Hope this helps