07/02/2023
Difference between Writs and PIL
What are the basic diffrence between writ and Public Intrest Litigaion(PIL) and relevent sections and articals as per Indian Law
"Writ" and "Public Interest Litigation (PIL)" are both legal terms in India, but they refer to different types of legal actions.
A writ is a formal written order issued by a court or other competent authority that orders a person or entity to perform or refrain from performing a specific act. There are several types of writs in Indian law, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
Public Interest Litigation (PIL) is a type of legal action in India that allows individuals or organizations to bring a case to court on behalf of the public at large, rather than just on behalf of themselves. The purpose of PIL is to provide a mechanism for people to challenge government actions, or the actions of private entities, that are harmful to the public good. PIL can be filed by individuals, NGOs, social activists, or any other person who is concerned about a public issue.
Relevant sections and articles in Indian law:
Article 32 of the Indian Constitution provides for the right to move the Supreme Court for the enforcement of fundamental rights.
Section 141 of the Code of Criminal Procedure (CrPC) defines the powers of the High Court and the Supreme Court to issue writs.
Article 226 of the Indian Constitution empowers the High Courts to issue writs for the enforcement of fundamental rights and for other purposes.
There is no specific law governing Public Interest Litigation in India, but it has been developed as a judicial innovation by the Indian judiciary, primarily through decisions of the Supreme Court.