Suprime court or high court confusion
Yogesh
(Querist) 09 November 2013
This query is : Resolved
I want to file PIL (Public Interest Litigation), in the matter of rights of Innovator and Researcher, on the legal ground of “under the Article 16(1) & Article 51A(h) in The Constitution Of India”.
But I am confusing, which is appropriate court for my case either Supreme Court or High Court, if you see there are two legal grounds of my case one is concern with Fundamental rights and another is Fundamental duty.
I also inform you that, this is the truth something going wrong with Innovator and Researcher of our India, but it’s going critical to find with reference to legal grounds.
The matter concerned with all Indian Innovator and Researcher, the directly beneficiary are Indian Innovator and Researcher not to the particular any state that’s the point, and indirectly beneficiary are whole India, in short the matter is not concern with particular any state of India.
In that of case which court is proper either SC or HC.
Confused because Article 51A(h) is not concern with Fundamental rights. Than can I applicable in SC because according to my basic understanding, SC deals with only for Fundamental rights of part 3 of constitution. This is the confusion about SC.
I confused about HC, because the power of HC applicable in only state level, and the matter of my case is concern with all Indian Innovator and Researcher. According to my basic understanding, I think HC not applicable to take any order at national level, that the confusion about HC.
There are two responds, both offices available in Delhi, one respondent is “PM” and another is “Department of Science and Technology”
For proper details of my petition kindly go with following web link,
http://www.change.org/petitions/president-of-india-save-grassroots-innovators-researcher-make-self-dependant-india-decrease-import
Please guide me; I am doing with pure mind and pure hand.
R.K Nanda
(Expert) 09 November 2013
file writ petition in SC.
Yogesh
(Querist) 10 November 2013
Can you please clear me on which base you suggested SC . . . Please !
Anirudh
(Expert) 10 November 2013
Please indicate as to who violated your fundamental right?
Yogesh
(Querist) 10 November 2013
Dear Anirudh ji,
the following respondent has not given fundamental rights of Innovators and researcher. ( I have replaced words as "my fundamental rights" with correct word as "fundamental rights of Innovators and researcher" and sorry for mistake).
1) Department of Science & Technology (Ministry of Science and Technology)
2) Prime minister of India.
Please Guide !
Anirudh
(Expert) 10 November 2013
If you are affected by the denial of your fundamental right by the Authorities mentioned by you, it is your case. How does it become a PIL. Better file a writ petition before the High Court.
(In any case, I am not sure what do you mean when you say that they denied you the fundamental right. you have to elaborate a bit so that one can find out whether what you perceive and conceive is legally correct or it is only your thinking that your fundamental right has been affected, while in reality no such thing is there.)
Rajendra K Goyal
(Expert) 10 November 2013
Agree with the expert, nothing more to add.
V R SHROFF
(Expert) 10 November 2013
Agree with the expert, nothing more to add.
Yogesh
(Querist) 11 November 2013
Dear Anirudh Ji,
I have done one mistake to reply you as I said "my fundamental rights".
Extremely sorry for that, the correct is, "For all Indian Innovator and Researcher"
for full details of my case you may go through following link.
http://www.change.org/en-IN/petitions/president-of-india-save-grassroots-innovators-researcher-make-self-dependant-india-decrease-import
Sir, I would like if you have possible than please clear me, why SC is appropriate as expert suggested for me, and why HC is not, I don't have any kind of doubt on guideline, but actually I have to understand more properly.
Rajendra K Goyal
(Expert) 11 November 2013
Mr. Yogesh is opening fresh threads when inconvenient questions are put to him in his original thread.
I copy the remarks from expert Anirudh ji in one of your thread:
http://www.lawyersclubindia.com/experts/Propar-method-to-show-respondent--433686.asp#.UoBPSuKLq_I
He is unable to understand that when he is affected by any action/inaction of the Authorities, he cannot file PIL but has to file a writ under his own name.
Further, it is also not clear as to about what he is aggrieved. the fact and circumstances are not at all clear. Instead of answering the query posed to him, he is only bent upon asking other queries.
Anirudh
(Expert) 11 November 2013
Dear Mr. Yogesh,
I have gone through the material available in the link
http://www.change.org/en-IN/petitions/president-of-india-save-grassroots-innovators-researcher-make-self-dependant-india-decrease-import
As I suspected, there was no issue of any fundamaltal rights of anyone having been infringed to warrant any PIL.
On the contrary, the subject matter is your understanding of the issue and your possible solution as per your idea.
It is more in the nature of a representation to the Government of India and the ministries concerned. Your idea cannot be thrust on the govt. It is for the Govt. to either accept or reject your idea and proposal.
The court will not come to your rescue either under Writ or under PIL.
You have to constantly pursue with the govt through all the means (ofcourse this will exclude the annals of the Courts for the present).
Raj Kumar Makkad
(Expert) 16 November 2013
I do agree with the experts hence no more to add.
