Filing the PIL directly
I want to file a PIL directly to SC myself.
The PIL covers 7 Prayers all inter-related as noted below;
Establishing ’Responsible & Accountable’ System of Governances at the Union and the States.
1. Conducting ‘Purposeful and Performance’ based Elections;
2. Elections by Majority of Votes (51% votes)
3. Banishing ‘Criminalisation of Governances’.4.
4.. Legislature to fulfil the inalienable fundamental and socio-economic
requirements of ’Parts Ill and IV’ of the Constitution.
5. Re-defining ’Qualifications for Legislators’.
6. Making Article 311 ’Accountable and Efficacious for Civil Executives’.
7. Establishing an ‘Over-view System’ for efficacious and honest working of Governments and establishing ’Fiduciary Relationship’ with the people of India.
The PIL forms a part of my to be shortly published book ‘India in Shambles, Only the Judiciary Can Save us'.
Why the PIL: Because of perennial gross failures of Legislature and Civil Executives.
My Query: General opinion is that if I file the PIL directly it may summarily be rejected.
Moreover max. only 1 or 2 Prayers must be covered in one PIL.
But the same is not possible because all prayers are inter-related and diagnosis of all maladies is same. PIL in consolidated form shall be able to analyse the maladies ailing the nation and their cures in a better way and save on time.
I shall be obliged for your valuable suggestions.
Thanks and Regards
K C Agrawal
Asked in Constitutional Law from noida, Uttar Pradesh
1) our constitution contains sufficient safeguards for holding free and fair elections
2) we have an independent election commission which supervises holding of free and fair elections
3) SC would not direct manner in which elections are to be held . It is the responsibility for election commission to do so
4) SC has already debarred convicted politicians from contesting elections
5) the qualification of legislators is within the domain of the legislature
6) SC would not lay down any law regarding qualifications of legislators
7) we already have responsible and accountable system of governance in India wherein every 5 years elections are held to parliament and in the states
8) your PIL would be dismIssed
1. The SC has already done a lot to stop criminals from getting into legislatures. Due to the judgments of the SC many convicted politicians who could not obtain a stay on their conviction have not been able to contest the elections. To do more some amendments will have to be carried out to Representatives of People's Act, which is only within the domain of the competent legislature.
2. The qualifications of legislators are laid down in the constitution, which can be changed only through a constitutional amendment by the Parliament.
3. So the PIL conceived by you is destined to fail, possibly with costs.
All court including the apex court will function according to constitution and laws contemplated. It is the parliament to make amendments. It is purely the Honorable Court's description to act by availing certain powers available by constitutional and laws. There are chances of reversing by imposing fine etc., The prayers 1 to 7 are relating constitution and laws. A court cannot make any amendment or law.
Nothing prevents you from filing the proposed PIL before supreme court however you should know the rules regarding filing the same that whether you can seek all the reliefs in on petition itself or the petition with multiple prayers will be maintainable or not.
Most of the issues have already been taken care of by the government in different statutes and rules by enacting laws accordingly, so you may sift them and see which one needs the care for the proposed act to be done in good faith, you can prioritise that issue and can delay the other issues for the present.