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PUBLIC
INTEREST LITIGATION IN HIGH COURT OR SUPREME COURT
Both
the High court and supreme court have the power to entertain a PUBLIC INTEREST
LITIGATION
Since there are no statutes or rules, there cannot
be a specific difference, as to which court will have jurisdiction on the PUBLIC
INTEREST LITIGATION
It will purely and solely depend on the "Nature
of the case", if the question involves only a small group of people being
effected by action of State authority, the PUBLIC INTEREST LITIGATION can be filed
in high court. For e.g. if there is a sewage problem in a locality effecting 50
families, the PUBLIC INTEREST LITIGATION can be filed in High court.
If
a large section of people is effected whether by State Government or Central Government,
PUBLIC INTEREST LITIGATION can be filed in Supreme Court For e.g. placing a ban
on adult movies, prohibition industrial unit from causing pollution etc.
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