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Constitutional laws
Constitutional laws WRIT petition, PIL, and SLP.
The supreme law of India is headed by the constitution of India. It consists of the documents and instruments where the government system lays its foundation for working. The political principles, structures, duties, procedures, powers of government institutions, and, including fundamental rights, Directive principles, and the responsibilities of citizens, are in this framework. It is pertinent to know that the constitution of India is a living document. The constitutional law is Supreme and powerful because of different perspectives and intricacies that elaborate on the actual content. Additionally, it elaborates Preamble's fundamental rights, state policies, etc.
WRIT petitions
By providing various rights to the citizens of India, the constitution offers one of the most imperative rights for intellectual and moral development. So basically, these rights are mentioned under part third of the Indian Constitution, which includes ownership, equality, right to freedom, right to exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedy. For that, article 32 in article 226 of the Indian constitution provides some treatments and enforcement in this sense.
A writ means an order issued under an authority to go through an appropriate proceeding.To implement enforcement or the protection of an individual's fundamental rights. The supreme court and the High Court have inherent powers for issuing directions and orders, also called writs, for enforcing any rights. In the High Court, the writ jurisdiction of various states and the Supreme Court of India can be classified as original, extraordinary ,constitutional, inherent, and appellate jurisdiction. Order, direction, summons, and warrants are all essentially WRIT. To understand more about WRIT petitions consider choosing top constitutional lawyers in Delhi . Nitin shokeen is one of the Best Constitutional Lawyers in delhi . Lawyers play a crucial role in upholding the rule of law, protecting individual rights, and ensuring that government actions align with constitutional provisions.
Public Interest litigation.
Public Interest litigation is for the protection of the public interest and is not defined in any statute or act. Public interest litigation has been borrowed from the American jurisdiction, and It is basically the litigation for the protection of public interests such as construction hazards, the safety of the roads, terrorist act, and pollution. It is basically a power given to the public by the court, and to file the petition, it must prove to the satisfaction of the court that the petition is for the public interest. There are some of the matters that are entertained under public interest litigation.
- Bonded labor matter of the country.
- Nonpayment of the minimum wages to the workers causes exploitation of the casual workers in the country.
- Neglecting children and atrocities on the women of India.
- I'll maintenance of The Heritage and cultural aspects of India.
- Food adulteration and pollution cause the disturbance of the ecological balance of the country.
Who can file a PIL?
Any citizen of India is given the right to file a PIL by filing a petition.
- Under article 32 of the Indian Constitution in the supreme court.
- Under Section 133 of The Criminal Procedure Code in the magistrate's court.
- Under article 226 of the Indian Constitution in the high court of the state, it can also be filed by the Central Government/ State Government.
The basic procedure to file PIL in India includes in article 32 of the Supreme Court and in article 226 of the High court. To know more about PIL make an appointment with Top Constitutional Law Lawyers .
Special leave petition
Especially petition grants the power to appeal against any judgment or order due to any matter or cause passed by the court in the territory of India. Special petitions are the constitutional remedies, and under this jurisdiction, the Supreme Court of India, in its discretion, can grant special leave to appeal for any determination, sentence, order, judgment, or decree.
In which cases is SLP filed?
Specially petitions are filed against the high court's judgment within 90 days from the actual date of the review. They can also be the cause when the SLP can be filed within 60 days against the order of the High Court. If you want to file petition against high court consult with Top Lawyers For Constitutional Law in Delhi .
Rules about special leave petitions
The following rules have been established.
- Slp can be filed when the high court does not approve the fitness for the appeal to the supreme court.
- A private party should be non permitted for this appeal.
- Generally, one can grant special leave in cases of criminals, Income Tax related cases.
These are the special tools for protecting the rights of those who cannot approach the court. These are the measures to adopt and enquire into the subject of their interest.
