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PIL

Before starting the main body – add the synopsis and list of dated and events
After which you start with the original application –
 name of the court
 no. of the petition
 name of the parties
 subject matter (under which article you are bringing forth this petition – if its SC –
article 32 – if its HC then article 226)
 nature of the writ – Mandamus
 mention the articles which were violated under the constitution – fundamental rights
 Address it to the CJI

Assessed on the following points:


1. Facts of the case
2. Questions of law – frame issues of law – what are the various claims? – can’t be
vague – be specific – for example for mandamus - under what section or article the
duty wasn’t performed by the administration
3. Grounds – address the ground issue wise – what law has been violated? The
jurisprudence behind it (case laws) – primary sources. Secondary references – foreign
reports, un reports, articles, research papers etc. [very important 12 marks for grounds
and how we justify it with the help of case laws]
4. Averments – final statement to justify (statement before the prayer at the end of the
grounds) Need to establish that this environment issue is connected to a fundamental
rights violation.

Structure of the PIL

1. Index
2. Synopsis – add cause of action (approached the authorities but haven’t done much in
case of mandamus). What right has been violated – give a gist – in not more than one
and a half page
3. List of dates and events – newspaper articles can also be added, orders, un report,
environment clarence (LDE do not necessary be instances you were aggrieved but it
also can include aspects that you found out about the said information) – dates and
events relevant to you
 Bhopal leak case orders of 5th may 1987/1989 – where absolute and strict liability as
concepts can be added. There was a case during covid – NGT case – Didn’t renew the
license.
4. Memo of parties
Possible petitioners – the person filling it, community association, each and every
person who is affected can be added
Respondents – cm of the state, union of India, the governor, Ministry of environment
and forest, SHO, DG etc
5. Leave a page for court fees (court fees 50 rupees per petitioner)

6. Subject line [follow the SC draft]


Introduce each petitioner and each respondent – in a line summarize why they have
been mentioned in the memo of parties
7. Brief facts – it should be solely factual – how it led to the incident
8. Issues of law
9. Grounds
Mention the law – impact that it can possibly have – connect how the fundamental
right is connected the main issue – case laws (mc mehta case – article 21 connected to
right to environment) relevance of the case and how it is connected to the case in
question – ngt cases – high court cases as long as you can make a solid argument-
secondary sources and then you add the averment (final statement – hence proved)
connect it to how the authorities did not comply
10. Prayer
Can seek an order of any other writ
You can ask for what is already elaborated in the body
11. Affidavit (of multiple petitioners – separate affidavit or one combined affidavit)
12. Memo of appearance / vakalatnama

- No verification clause required


- 12 marks – grounds
- Synopsis and LDE – 5 marks
- motion of urgency can be added - Motion of urgency – quick addressal – when you
attach this then you don’t attach a VakalatNama but you attach a memo of
appearance. before the synopsis before we even start the application – don’t
mention in the index.
- Try to keep it in 15 pages (body of the application) – synopsis (one and half page
max)

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