MATRIX

Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court of India in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has also been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court.

Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, Supreme Court entertains petitions in the interest of the public at large. The apex court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Honourable Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as ‘Public Interest Litigation’ (PIL) and this extraordinary jurisdiction is very unique characteristics of Indian Judiciary.

A public interest Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. While prosecuting a writ plea is a costly affair, writing a letter-petition to Supreme Court (or any high court) is an option left to responsible citizens for addressing public concerns, especially when governments and fourth estate show vested interests.  The Letter has to be addressed to Chief Justice of India and preferably be posted to the Registrar, Supreme Court. Such letter-petitions will be dealt with in accordance with the guidelines framed for the purpose. As per the guideline, a petition of the above nature depicting public interest will be routed to the PIL cell in Supreme Court. They would make a case summary and place the matter before a Judge, who is designated by Chief Justice to make decisions on the letter-petitions. The judge may order for registering a PIL and to place it before the appropriate bench of the Supreme Court.

Very recently, I found refuge in a letter-petition for enabling a public debate on the societal implications of registering a temple offering as “goods” under Geographical Indications Act. It is expected that the Supreme Court would take ‘suo motu’ cognisance of the letter, in view of the larger public interest involved in the matter.