The right of a foreign national (i.e. a natural person) to file a writ petition to enforce the fundamental rights guaranteed to him by the Constitution of India, was upheld by the apex Court in the case of Louis De Raedt vs. … Thus, a foreign corporation can file a writ petition under Art. 226 as well as Art.
Can a non citizen file a writ petition in India?
A person, who is not a citizen, however would not be entitled to enforce rights which are preserved for a citizen of this country only.” … Therefore, High Court can exercise its power to issue writs under Article 226 for two-fold purposes-for enforcement of (i) fundamental rights and ii) for enforcement of legal rights.
Who can file a writ petition in India?
Under Article 32, a writ petition can be filed in the Supreme Court. The Supreme Court can issue a writ only if the petitioner can prove that his Fundamental Right has been infringed.
Can a non citizen file a PIL?
Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest.
Can a foreigner file PIL in India?
Who Can File A Pil? : As we already said that any public spirited person even a foreigner can file a PIL on behalf of others but this is necessary that only the person who is filing a PIL should not get benefit. Meaning there by any PIL whoever is filing should be only and only in for the benefit of peoples.
Can foreigners file?
In addition, if a foreigner has been granted any other type of right either under the Constitution of India or under any other law / statute, then he may file a writ petition in the high court for enforcement of such right in appropriate cases wherever such writ may be possible.
Are legal rights available to foreigners?
The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners. The Fundamental Rights guaranteed by Articles 15, 16, 19, 29, and 30 are available only to citizens of India.
How do I file a writ petition in India?
According to the Constitution of India, the petition can be filed under Article 226 before a High Court or under Article 32 before the Supreme Court of India. Steps to be taken for filing a Writ Petition / PIL: Approach a public interest lawyer or organization to file the case.
What is the difference between writ and petition?
The major difference between these two is that under the Writ Act 226 there is a constitutional remedy for all people. It is raised by a legal authority. But a petition is a form of writ raised by the people in the form of a request for a legal authority that seeks to take action regarding a particular cause.
Can a common man file writ petition?
Any person – be it an individual or a private body can file for the court petition under the writ of mandamus, so long as they have legal rights in the concerned matter to do so.
How do I file a PIL without a lawyer?
The person filing the PIL can either debate himself or appoint a lawyer. Generally, in any case, it is advisable to consult a lawyer before filing a PIL. If a PIL is filed in the High Court, then two copies of the petition have to be submitted in the court.
What are the disadvantages of PIL?
Non-payment of minimum wages to workers and their exploitation. Petitions from jails complaining of harassments, release on personal bond, speedy trial as a fundamental right. Petition against police for refusing to register a case, harassment at police station. Petition on harassment of women, rape, kidnapping or …
In which case PIL can be filed?
A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate.
Can a writ petition be treated as a PIL?
Yes, a writ petition filed by the aggrieved person, whether on behalf of group or together with group can be treated as a PUBLIC INTEREST LITIGATION however, The writ petition should involve a question, which affects public at large or group of people, and not a single individual.
Can a letter be treated as PIL?
Laws governing PIL in India
Relaxed procedural rules- Courts have treated even a letter or a telegram as a PIL as in the case of Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh (see here). Even the law regarding pleadings has been relaxed by the courts in cases of PILs.
In which circumstances PIL can be rejected?
Thus Supreme Court or High Court can reject if it is intended to mean for individual. Again if on hearing the petition, the court finds that no right of the person of the group of persons is violated, it can reject the public interest Litigation.