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Locus standi of NGO to file for writ in HC for UCC
16-Jul-2023 (In Civil Law)
I work with an NGO which wants to file a writ petition in the Delhi High Court praying that the court issue a writ of mandamus to the government to draft and implement the Uniform Civil code as per Ar. 44, Constitution. Does our NGO have the locus standi to do so? Also, will the petition be maintainable?
This is a policy matter and the courts have put a restrain on entertaining matters which pertains to policy matters as it is the prerogative of the Government. In my opinion the court would not be inclined to entertain such a petition as it will tantamount to interference with the policy making of the government which is not envisaged by the constitution. I hope this will clarify your doubts.
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Adv. Tanmay Yadav
Delhi | 25+ Answers
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Can a private company file writ petition?
According to the Supreme Court, writs cannot be issued against private persons or organizations. 29-Aug-2023
Can an association file a writ petition?
S.C.C. S.C.C.
Who can file a writ petition?
Any person who believes that the State has violated their Fundamental Rights can file a writ. A Public Interest Litigation allows any person who is public-spirited to file a writ in the publics interest, even if their Fundamental Right was not violated. 19-Jan-2023
What is the Supreme Court Judgement on NGO?
The decision on non-governmental organizations (NGOs) sheds light on RTIs (Right to Information) undiluted powers. What is the verdict? The Court held that the RTI Act 2005 Section 2(h), which defines a public authority, includes NGOs who are substantially funded by the government.
Hello,
In short you have locus to file the Writ Petition. As far as the Articl;e 44 of the COnstitution is concerned, it comes under Part IV of the Constitution which is not enforeceable by Courts. If you have very specific issue in which you might want to rely upon the Part IV of the Constitution, you can do so. However, the proposition suggested by you, it seems that Court will not entertain as it is more of a policy issue than legal issue.
Please feel free to revert in case of any other query.
Thanks,
Vivek
In short you have locus to file the Writ Petition. As far as the Articl;e 44 of the COnstitution is concerned, it comes under Part IV of the Constitution which is not enforeceable by Courts. If you have very specific issue in which you might want to rely upon the Part IV of the Constitution, you can do so. However, the proposition suggested by you, it seems that Court will not entertain as it is more of a policy issue than legal issue.
Please feel free to revert in case of any other query.
Thanks,
Vivek
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Adv. Vivek Ranjan
Delhi | 25+ Answers
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Yes your NGO has locus to file writ before HC under 226 of constitution. Petition maintainablity depends upon your ground and material provided before the Court. Depends upon your NGO. Need to see the grounds and papers, on behalf of which you are planning to move ahead with writ
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Adv. Punya Garg
Delhi | 25+ Answers
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The petitioner is an association, not a legal person. It is well established law that the writ filed by an unregistered organization is not maintainable.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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