It refers to legal action taken in a court of law to address issues such as bonded labor, environmental degradation, construction risks, terrorism, road safety, Pollution, and other issues. Any concern about the public interest can be addressed by filing a lawsuit in a court of law.
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Litigation, as the title suggests, is a legal proceeding involving a matter of public concern. Because the word “litigation” implies “legal action,” it refers to a legal action taken by a public official. This procedure is in place to protect the public interest. Construction dangers, terrorism, road safety, and Pollution are all examples of lawsuits filed in a court of law to safeguard the public welfare.
The people of India are granted Litigation to file a petition with the Supreme Court or a High Court as soon as possible. Anyone can file it. It aims to bring a claim against the government if it is believed that the government deprives someone of their rights and interests.
LITIGATION CAN BE REGISTERED FOR:
- The offense of fundamental rights or moral rights.
- The offense of human rights of the poor.
- Overpower the municipal authorizations to conduct a public duty.
- Performance of government policy.
ADVANTAGES OF LITIGATION
- It describes the law.
- Raise consciousness of significant problems supporting media coverage and public debate.
- Vigilant citizens can get a fair solution because there is only a nominal rate of court fees.
- Litigants can focus on and achieve more significant general issues, human rights, consumer welfare, and the environment.
- Hold public bodies to account by confirming that they make correct choices and act prudently within their powers’ remit.
- Assist and develop the law by providing the authorities with an understanding of the legislation.
- Furthermore, give young people a voice by highlighting a vital issue, thus rendering a platform for supporting their rights.
WHERE TO FILE LITIGATION?
Litigation can be listed in the High Court or Supreme Court, depending on the case. Both the courts have the authority to consider it.
If a Litigation is registered in a High Court, the person must register two copies of the request. Similarly, an associate advance copy of the petition needs to be served on every defendant. The opposite party and this proof of service have got to be connected to the petition.
If it is registered in Supreme Court, then five sets of requests should be registered opposite the party served, the copy only if the notice is issued.
ARRANGEMENTS OF LITIGATION
- The form of the Supreme Court has the name of the applicant and the name of the defendant.
- The format should be written to the Chief of India.
- Moreover, proceed with the subject of the application to fill the significant event.
PROCEDURE TO FILE LITIGATION IN INDIA
- The proceedings in the case of Litigation initiate and carry on in the same way as other cases.
- The authority can select a commissioner to examine charges like trees being cut, Pollution being caused, sewer problems, etc., between the processes.
- After the last hearing, the judge gives his final decision.
IMPORTANCE OF LITIGATION
- It aims to give the working class people access to the courts to get the legal address.
- It is a vital instrument of social development supporting the Rule of law and exciting the balance between the law and justice.
- The fundamental idea of Litigation has been to get justice available to the poor and the marginalized.
- It is an essential mechanism to make human rights reach to those who have been refused rights.
- It assists in the legal monitoring of state institutions like prisons, asylums, protective homes, etc.
- It democratizes the access of justice to all. Any citizen or company can file petitions on behalf of those who cannot or do not have the means to do.
- Additionally, it is a vital tool for implementing the concept of judicial review.
- Improved public support in judicial review of legislative action is confirmed by the beginning of Litigation.
SIGNIFICANCE OF LITIGATION
It provides a broader scope supporting the right to quality.
- Creating new human rights management by extending means the fundamental right to equality, life, and personal liberty. In this method, the right to a speedy trial, free legal aid, dignity, education, and so on appear on human rights. These rights provide legal support to inaugurate the courts for their performance through Litigation.
- By group action of access to justice. This is achieved by decreasing the traditional Rule. Any public-spirited citizen or social workgroup can approach the Court on behalf of the exploited classes.
- By establishing new types of reliefs under the Court’s writ jurisdiction. For example, the Court can grant interim compensation to the victims of official irresponsibility.
- By judicial observation of state establishments like women’s protecting homes, jails, etc. Through judicial supervising, the Court seeks gradual improvement in its administration and organization. This has been characterized as creep jurisdiction, during which the Court takes over the administration of the establishments for defending human rights.
- By devising new techniques of fact-finding. In most events, the Court has selected its socio-legal commissions of analysis or has deputed its official investigation. Sometimes it has accepted the supervision of the National Human Rights Commission or Central Bureau of Investigation or rights to inquire into human rights crimes. This is also known as investigative Litigation.
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WHY WE REQUIRE LITIGATION?
- Aid in improving the law by presenting the authorities with the chance to represent the legislation correctly.
- Raise awareness of promoting public debates, improve accurate media coverage and societal concerns.
- It ensures that they make suitable decisions, act fair and transparent within their lawful powers.
- Present a voice to the voiceless and exposed by highlighting a crucial issue.
- Providing a platform for vulnerable people to protect and practice their rights.
DOCUMENTS NEEDED FOR LITIGATION
- Request a public interest lawyer or organization to file the case.
- Collect relevant papers such as title agreements, confirmation of residence, identification proof, notice, resettlement policy, if any, and photos of the ouster.
- List addresses and names of all aggrieved people nearing the Court.
- List addresses and names of government officers from which support is inquired.
- List events giving rise to crimes of fundamental rights.
- Moreover, list dates registering the duration of stay at the site, when the ejection took place, when and if an eviction notice was given, and other required details related to the eviction.
- Mention the relief being inquired from the Court.
FAQs on Litigation
Anyone can file a Litigation, the only condition being that it should not be filed with a private interest but in a more considerable public interest. At times, even the Court can notice if it is one of utmost public importance and appoint an advocate to handle the case.
The court charge for filing a Litigation, which is a request for a process under Article 32 of the constitution, is usually Rs. 500 per petitioner. In addition, the costs of documentation (printing, photocopying, etc.) would have to be determined, which are often in the thousands of rupees range.
Only the state can be sued. The union, also known as the federal govt, is made up of three parts: the federal government, state governments, and local governments. Private parties are not allowed to file or register lawsuits. However, after the concerned governmental authority, a private party might be added as a respondent.
You can file a Litigation by sending an email directly to the Chief Justice. It is possible to do so in a letter and then send it to the Chief Justice.
Litigation can be filed in either the Supreme Court or the High Court.