July 10, 2013

Duty is on citizens to approach different High Courts by filing PILs to enforce Supreme Court Guidelines

Duty is on citizens to approach different High Courts by filing PILs to enforce Supreme Court Guidelines

Supreme Court is a Guardian Institute of India. But there is a duty cast on citizens also to see that guidelines laid down by it. It is impossible for Supreme Court to collect data from all over India and to monitor it. Once it has laid guidelines, its job is over. It has declared a Law.


The guidelines declared by Supreme Court is law of the land under Art.141 of India.


If in any state, if such guidelines are not being followed, then there is duty on citizens to bring this to the notice of High Court by filing a PIL.


Such petition under Art.226 must say:

1) Petitioner is citizen of India.

2) He is filing this PIL to seek mandamus and directions against State authorities to follow guidelines laid down by Supreme Court.

3) The breaches of guidelines complained are reported in decision of Supreme Court in (Here cite case details)

4) From following documents and correspondence it can be seen that State authorities are not obeying guidelines (Here bring some Indisputable evidence to show that guidelines are not violated.

That's it. Thereafter it burden on High Court to see that Supreme Court guidelines are followed.

The duty is on citizens to put law into motion and to collect evidence to show that guidelines are not being followed.


Haresh Raichura
10/7/13