Theme: Citizen Rights & Constitution

Who are the authorities for seeking constitutional remedies?

A person can file a writ petition before the Supreme Court of India or the concerned High Court of that state to enforce their fundamental rights.

The Supreme Court has the power to provide constitutional remedies to any person whose fundamental rights need to be protected. The right to seek constitutional remedies before the Supreme Court is by itself a fundamental right of any person. However, the right to seek relief with the Supreme Court can be suspended during a period of emergency.(( Article 32, Constitution of India, 1950.)) 

High Courts also have the power to provide constitutional remedies. Apart from fundamental rights, the High Courts also have the power to issue constitutional remedies for other purposes as well, such as protecting other legal rights.1

  1. Article 226(1), Constitution of India, 1950.))  However, the right to seek constitutional remedies before any High Court is not a fundamental right. There are territorial restrictions and a writ petition for constitutional remedies should be filed only to the concerned High Court which has authority in the area where the legal violation occurs.(( Article 226(2), Constitution of India, 1950. [↩]

Refusing an RTI Application

When the PIO refuses your RTI application, they have to tell you:

  • Why was the request refused?
  • Details of whom you can approach to appeal against this refusal.
  • How much time do you have to file this appeal?

If the PIO has not replied with information or has refused to give you the information unlawfully, you can appeal to an officer senior in rank to the PIO or file a complaint with the Central or State Information Commission.

Denial of Admission into Schools

No child can be denied admission to a school1, irrespective of the time in the academic year in which admission is sought. Ideally, all children should be enrolled in school at the beginning of the academic session. However, schools may need to be flexible to allow admission at any time during the session.

Special Training

Children admitted after six months of the beginning of the academic session may be provided Special Training as determined by the Head Teacher of the school to enable him/her to complete studies.2 Special Training ensures that out-of-school children are integrated into the school system. Such support will be in the form of residential or nonresidential courses, as needed and such children will continue even beyond 14 years of age to complete elementary education

Prohibition of physical punishment and mental harassment

No child can be subjected to physical punishment or mental harassment at the hands of the school authorities. Physical harassment includes causing physical harm to children by hitting, pulling their hair, slapping, hitting with any object (ruler, chalk) etc. Mental harassment includes mocking the child with regard to his/her background, caste, parental occupation or shaming the child to improve their performance. Individuals may be subjected to disciplinary action under the service rules applicable to them upon subjecting the child to the same.3

Prohibition to expel children 

No child can be expelled from school until they have completed their elementary education.4

  1. Section 15, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  2. Rule 14, The Right of Children to Free and Compulsory Education Rules, 2010 [↩]
  3. Section 17, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  4. Section 16(4), The Right Of Children To Free And Compulsory Education (Amendment) Act, 2019. [↩]

Are Rights under Article 19 Absolute?

The rights guaranteed under Article 19(1) are not completely free from restraint. Each right is subject to a different set of reasonable restrictions. These reasonable restrictions are listed under clauses (2) to (6) of Article 19 [Article 19(2) – Article 19(6)]. 

Fundamental right under Article 19 Grounds for corresponding restrictions
Freedom of speech and expression Article 19(2)

  • sovereignty and integrity of India 
  • security of the State 
  • friendly relations with foreign States 
  • public order 
  • decency or morality 
  • contempt of court 
  • defamation 
  • incitement to an offence
Freedom to assemble peaceably and without arms Article 19(3)

  • sovereignty and integrity of India 
  • public order
Freedom to form associations or unions Article 19(4)

  • sovereignty and integrity of India 
  • public order 
  • morality
Freedom to move freely throughout the territory of India Article 19(5)

  • in the interests of the general public 
  • for the protection of the interests of any Scheduled Tribe
Freedom to reside and settle in any part of the territory of India Article 19(5)

  • in the interests of the general public 
  • for the protection of the interests of any Scheduled Tribe
Freedom to practise any profession, or to carry on any occupation, trade or business Article 19(6)

  • in the interests of the general public
  • the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
  • the State or a State owned/controlled corporation can carry out any trade, business, industry or service, excluding citizens completely or partially 

 

What are the limitations in getting constitutional remedies?

  1. If someone files a writ petition before a High Court for a particular matter, they cannot file another petition seeking relief under the same writ before the Supreme Court.1
  2. Though there is no specific time limit for filing a writ petition, the Supreme Court or High Court can refuse to grant relief to a petitioner if there is an avoidable delay in filing the petition which affects the merits of the claim.2
  1.  Tilokchand Motichand & Ors. v. H.B. Munshi & Anr., 1970 AIR 898. [↩]
  2. Tilokchand Motichand & Ors. v. H.B. Munshi & Anr., 1970 AIR 898. [↩]

Externment of Persons Committing Atrocities

The law designates certain areas as tribal areas or scheduled areas. If any person is likely to commit crimes or atrocities against members of SCs and STs in such areas, the Special Courts can have them removed from there. 

However, the Special Court must list down the grounds for taking such an action against anybody.1

Period of Removal Order

The order of removal can be made for a period up to 3 years. The person against whom such an order is made can request the Special Court to modify or revoke the removal order within 30 days of the passing of the order.

Disobeying Removal Order

If the person against whom a removal order is passed either fails to remove himself from the area or after being removed returns to the area without proper permission, the Special Court can have him arrested and removed to police custody outside the specified area.2 The penalty for disobeying the removal order is imprisonment up to 1 year and a fine.3

Special Permission to Enter Specified Area

The person who has been removed from the area can apply to the Special Court to enter that place for a limited period of time. If they are granted such permission, it will be conditional. The Court can even ask the person to execute a bond (with or without surety) to ensure the conditions mentioned in the permission are followed.

The Special Court has the power to revoke this permission at any time. If the permission has expired or been revoked, fresh permission needs to be taken for re-entry. 

If any of the conditions of the permission are violated, the person can be arrested by the police and be taken to the police station outside the tribal or scheduled area. 

 

  1. Section 10, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989. [↩]
  2. Section 11, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989. [↩]
  3. Section 13, Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989. [↩]

Penalties for withholding/providing wrong information

The Central or State Information Commission can impose a daily penalty of Rs. 250 on the PIO who has withheld information or provided wrong information. This has to be paid until the information is provided. However, the total amount of the penalty should not exceed Rs. 25,000.

The PIO has to be given a chance to present their case before the penalty is decided – however, the burden is on them to prove that they acted lawfully. Disciplinary action can also be taken against the PIO in accordance with their service rules.

Curriculum and Evaluation Procedures in Schools

Each state government has specified various academic authorities that have laid down the curriculum and evaluation procedures. These could be the State Council of Educational Research and Training (SCERT) or other academic institutions of the state. For example, the Delhi SCERT and the Uttarakhand SCERT are responsible for the curriculum in their respective states. The state curriculums must, however, be prepared according to certain common principles:1

The state curriculums and evaluation procedures must include a comprehensive and continuous evaluation of the child’s understanding of knowledge.

  • It should focus on the all round development of the child in a child-friendly manner.
  • As far as possible, the medium of instruction should be the child’s mother tongue.
  1. Section 29(2), The Right of Children to Free and Compulsory Education Act, 2009. [↩]

Does ‘Reasonable Restriction’ mean Complete Prohibition?

If a state action completely prohibits an Article 19 right, the court should test the constitutional validity of that action based on the facts and circumstances of the case. In some cases, a total prohibition may be a reasonable restriction, while in others it may not.1 For instance, a complete ban on carrying out dangerous trades or businesses, such as cultivation of drugs, or the sale of liquor may be considered a reasonable restriction. At the same time, a total prohibition on the sale or purchase of meat during a particular religious festival may not be considered reasonable.

  1. Narendra Kumar v. Union of India, AIR 1960 SC 430 [↩]

False case/statements against SC/ST

Filing a false case against an SC/ST member as well as giving false information to a government official that causes the official to harass an SC/ST member are both illegal. For example, if you go to the police and falsely accuse an SC/ST member for a crime, you may be punished.

 If an SC/ST member is falsely accused of:

  • A crime punishable by death, you will face life imprisonment and a fine. 
  • A false statement which causes the SC/ST member to be given the death penalty, you may face the death sentence. 
  • A crime punishable with 7 years or more of imprisonment, you will face imprisonment of a term of 6 months to 7 years.

What are the reliefs under right to constitutional remedies?

The five constitutional remedies provide for different kinds of relief. These are mentioned below:

 

  1. Habeas Corpus: Under this, a petition can be filed by any aggrieved person or anyone on behalf of the aggrieved person for the relief to not be illegally kept in police custody.(( Sunil Batra v. Delhi Administration, 1980 AIR 1579.)) A petition can also be filed on behalf of a prisoner who is being ill-treated in prison.(( Sunil Batra v. Delhi Administration, 1980 AIR 1579.))
  2. Mandamus: Under this, a petition can be filed by any aggrieved person who seeks a public authority to do something that they are supposed to do or not do something that they are not supposed to do. For instance, if a person has not been appointed to a position they were supposed to be in, relief can be sought by such an aggrieved person by filing a petition.(( State of Mysore & Anr. v. K.N. Chandrasekhara & Ors., 1965 AIR (SC) 532.)) 
  3. Certiorari– This is filed by a person whose case is decided by a court which does not have the necessary power to do so. Such a person may seek the relief of their case being decided by an appropriate court after the existing decision is quashed.(( Province of Bombay v. Kusaldas S. Advani & Ors., 1950 AIR 222.)) 
  4. Prohibition– This is filed by a person whose case is being decided by a court which does not have the power to decide it. Such a person may seek the relief of their case being transferred to the appropriate court while the case is still going on.(( S. Govind Menon v. Union of India, AIR 1954 Pat 297.)) 
  5. Quo Warranto– Relief under this can be sought by a person who is aggrieved by a person being appointed to a position in a government office which they do not have the requisite qualification to hold.(( The University of Mysore v. C.D. Govind Rao, 1965 AIR 491.))

Relief can also be sought by an aggrieved person against the appointment of any High Court judge.(( Shiam Sundar v. State of Punjab, Civil WP No. 607 of 1956.))

Payment for filing writ petitions

  • Supreme Court

For writ petitions except for habeas corpus, the court fee is Rs. 500.1 However, if the writ petition is filed in a criminal case, then no court fee is required.1 

 

  • High Court

The court fee varies for different High Courts. Information on the court fee for individual High Courts can be found on the concerned court’s website. 

High Court Court fee 
Delhi2 Rs. 100 (except a habeas corpus petition for which fee is Rs. 250). 
Andhra Pradesh3 Rs. 100 (except a habeas corpus petition for which fee is Rs. 2).
Guwahati4  Rs. 50
Punjab & Haryana5  Rs. 50
Patna6 Rs. 1,000
Calcutta7 Rs. 100 (except a habeas corpus petition for which there is no fee).
Bombay8  Rs. 250
Chennai9  Rs. 200 (except a habeas corpus petition for which fee is Rs. 10).
Chhattisgarh10 Rs. 100
Allahabad11 Rs. 100
Karnataka12  Rs. 100 (except a habeas corpus petition).
Jammu & Kashmir 
Orissa13 Rs. 50
Rajasthan14 Rs. 25 (except a habeas corpus petition for which fee is Rs. 2).
Madhya Pradesh15 Rs. 100
Kerala16 Rs. 25  (except a habeas corpus petition for which fee is Rs. 2).
Gujarat17 Rs. 50
Himachal Pradesh18 Rs. 50  (except a habeas corpus petition for which fee is Rs. 2.65).
Sikkim19 Rs. 250 (except a habeas corpus petition).
Uttarakhand20 Rs. 50
Jharkhand20 Rs. 50
Tripura20  Rs. 50
Manipur20 Rs. 50
Meghalaya21 Rs. 95
Telangana22 Rs. 100  (except a habeas corpus petition for which the fee is Rs. 2).
  1. Supreme Court of India, Handbook on Practice and Procedure and Office Procedure, accessed at https://main.sci.gov.in/pdf/LU/ppop2017.pdf [↩] [↩]
  2. Government of National Capital Territory of Delhi, Revenue Department, The Court- Fees (Delhi Amendment) Act, 2012, accessed at http://delhihighcourt.nic.in/writereaddata/upload/Notification/NotificationFile_FCEDT9TW.PDF [↩]
  3. Andhra Pradesh Court Fees and Suits Valuation Act, 1956, accessed at https://districts.ecourts.gov.in/sites/default/files/Andhra_Pradesh_Court_Fees_And_Suits_Valuation_Act__1956_1.pdf [↩]
  4. The Court Fees (Assam Amendment) Act, 1972, accessed at https://www.indiacode.nic.in/bitstream/123456789/5085/1/the_court_fees_%28assam_amendment%29_act%2C_1972_._recognized.pdf [↩]
  5. https://highcourtchd.gov.in/sub_pages/left_menu/Court%20Fees/Court%20Fee%20Table.pdf [↩]
  6. The Court Fees (Bihar Amendment) Act, 1995, accessed at https://districts.ecourts.gov.in/saharsa/court-fee-strucutre [↩]
  7. The West Bengal Court Fees Act, 1970, accessed at http://www.wbja.nic.in/wbja_adm/files/The%20West%20Bengal%20Court-Fees%20Act,%201970.pdf [↩]
  8. The Maharashtra Court Fees Act, accessed at https://bombayhighcourt.nic.in/libweb/acts/1959.36.pdf [↩]
  9. Tamil Nadu Court Fees and Suit Valuations Act, 1965, accessed at https://districts.ecourts.gov.in/sites/default/files/Courtfee%20TN.pdf [↩]
  10. Chhattisgarh High Court Rules, 2007, accessed at http://highcourt.cg.gov.in/other/filinginstruction/FilingInstructions.pdf [↩]
  11. Schedule II (e)(2), Court Fees Act, Uttar Pradesh. [↩]
  12. The Karnataka Court Fee and Suits Valuation Act, 1958, accessed at http://dpal.kar.nic.in/pdf_files/16%20of%201958%20(E).pdf [↩]
  13. Schedule II(e)(i), Court Fees Act, 1870. [↩]
  14. The Rajasthan Court Fees and Suits Valuation Act, 1961, accessed at https://www.indiacode.nic.in/bitstream/123456789/13049/1/the_rajasthan_court_fees_and_suits_valuation_act%2C_1961.pdf [↩]
  15. Court Fees Act, 1870, accessed at https://www.latestlaws.com/bare-acts/state-acts-rules/madhya-pradesh-state-laws/courts-fees-act-1870/ [↩]
  16. The Kerala Court Fees and Suits Valuation Act, 1959, accessed at https://www.indiacode.nic.in/bitstream/123456789/12325/1/10.pdf [↩]
  17. The Gujarat Court Fees Act, 2004, accessed at https://gujcourts.guj.nic.in/acts/gujarat_court_fees_act2004.pdf [↩]
  18. The Himachal Pradesh Court Fees Act, 1968, accessed at https://www.indiacode.nic.in/bitstream/123456789/5357/1/the_himachal_pradesh_court_fees_act%2C_1968.pdf [↩]
  19. Sikkim High Court (Practice and Procedure) Rules, 2011, accessed at https://hcs.gov.in/hcs/sites/default/files/rules/hc_pp_rules.pdf [↩]
  20. Schedule II(e)(i), Court Fees Act, 1870. [↩] [↩] [↩] [↩]
  21. The Court Fees (Meghalaya Amendment) Act, 2012, accessed at https://districts.ecourts.gov.in/sites/default/files/Meghalaya%20Court%20Fee%20Act%202012%20%28Amendment%29_0.pdf [↩]
  22. Schedule II, Article 11(s), Telangana Court-Fees and Suits Valuation Act, 1956. [↩]

Appealing an RTI Application

If you do not receive a decision from the PIO within 30 days, you can file an appeal against the decision of the PIO before an officer who is senior to the PIO. You need to file this appeal within 30 days. This time period may be extended if the officer feels that the delay is justified.

Usually, the public authority will state who the appellate authority is on its website or at its office. This will be an officer who is senior in rank to the PIO. A third party can also file an appeal within 30 days of the date of the order by the PIO.

If you are not satisfied with the first appeal decision, you can make a second appeal within 90 days to the Central Information Commission or the State Information Commission by following the suggested format for the second appeal.

The responsibility of proving that the refusal to provide information was justified lies squarely on the PIO who refused this information. The Information Commission should finish the appeal in 30 days. This can be extended to forty-five days with reasons being recorded for the extension.

In order to make a decision, the Information Commission can ask the public authority to:

  • provide information in a particular manner
  • appoint a PIO
  • publish relevant information
  • manage records properly
  • conduct training programmes for officials
  • provide an annual report
  • provide compensation to any complainant

It can also impose penalties and reject specific applications.

Detention Policy

A regular examination is conducted in the fifth class and eighth class at the end of each academic year.1

If a child fails an examination conducted, he/she is provided with additional instruction and granted an opportunity for re-appearing for the examination within two months from the declaration of the result.2 The students may be held back in the fifth or eighth standard if they fail in the re-examination.3 The discretion for the same lies with the Government.4 States such as Delhi and Gujarat have implemented this to hold back students who fail their re-assessment in classes 5 and 8.

This no-detention policy states that:

  • No child can be expelled from the school till the completion of elementary education.5
  • No child can be expelled from the school for failing to clear the examination.
  • No child shall be required to pass any Board examination till completion of elementary education.6

 

  1. Section 16(1), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  2. Section 16(2), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  3. Section 16(3), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  4. Section 16(4), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  5. Section 16(4), The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  6. Section 30, The Right of Children to Free and Compulsory Education Act, 2009. [↩]

Can the Rights under Article 19(1) be Suspended?

Article 358 provides that Article 19 rights can be suspended if a national emergency is proclaimed on the grounds of war or external aggression. 

For instance, during the 1971 war between India and Pakistan, a national emergency was proclaimed and  Article 19 was suspended. A fresh proclamation of emergency was made later in 1975 on the grounds of internal disturbance, which suspended the fundamental rights under Article 19 till 1977.

Reporting a Crime/Atrocity

If a crime has been committed against you owing to your identity as member of the Scheduled castes or scheduled tribes, you can approach any of these places to get immediate relief: 

Police

You can either call 100 or visit a police station to report the incident. The police will note down your details and if needed arrive at your location to provide you immediate help. They will write down your information and details of the incident in an FIR and provide you with a copy of it, free of cost. 

National Commission for Scheduled Castes 

The National Commission for Scheduled Castes is a body set up under the Constitution to investigate and monitor the interests of the Scheduled Castes. They also have the power to inquire into specific complaints in cases where members of Scheduled Castes are deprived of their rights. You can either call their toll free helpline or visit their website for more information.  

Toll Free Number: 1800 1800 345

Website: http://ncsc.nic.in/

Email: ncsccomplaints@gmail.com

Contact details of State Commissions: http://ncsc.nic.in/contactus 

National Commission for Scheduled Tribes

Like the NCSC, there exists a National Commission for Scheduled Tribes as well. They have the power to investigate into complaints registered for atrocities committed against the members of Scheduled Tribes. 

Website: https://ncst.nic.in/

Contact information for the National Commission as well as its regional offices can be found here: https://ncst.nic.in/content/contact-us

SC/ST Protection Cell 

SC/ST Protection Cells have been set up in different States and Union Territories across India. The head of these cells is usually a high ranking police officer of the State or UT, like the Inspector General of police or the Additional Director General of Police. If you want to approach such a cell in your state, take the help of the nearest police station.

Manual Scavengers

If you are being forced to work as a manual scavenger or know someone who is being forced, please complain to the police or the National Commission for Safai Karamcharis. Please know that the practice of manual scavenging is prohibited under law. For more information please read this. 

How to file a writ petition online?

1. Go to the website of the Supreme Court of India here.

2. Click on the E-FILING menu below the HOME menu.

3. On the extreme right hand corner of the page, click on ‘New Registration’ if this is the first time a petition is being filed. If registration has already been done, proceed to step no. 7.

4. When ‘User Type’ is asked, choose ‘Petitioner in Person’ upon which a form will appear.

5. After filling the required information, click on the ‘Sign Up’ button at the end of the page.

6. After completing registration, go back to the ‘E-FILING’ page here.

7. Click on the ‘Login’ option

8. The following menu will appear. Fill in the required details.

9. After logging in, a menu will appear. Click on ‘New eFiling’.

10. The following page will be displayed. Fill in the required details. If the petition is against any decision by a lower court, then click on the ‘Lower Court’ button. Similarly, click on every category and fill in the required information.

11. Click on ‘Petition with Other Document’, if additional documents are to be submitted along with the petition. 

12. After all the required information has been filled in and the payment is completed, an application number will be given.

Exempted Information under RTI

If your application requests the following kinds of information, the public authority can lawfully refuse to give you:

  • Information that affects the security and economic interests of the government with another country
  • Information that is banned from being published by any court or tribunal
  • Information that would result in a breach of privilege of the Legislature
  • Information that would harm commercial interests
  • Information that arises because of a relationship based on trust
  • Information from a foreign government which was given as a secret
  • Information that exposes whistleblowers or endangers lives
  • Information that would cause difficulty to police investigation or arrests in criminal cases
  • Records of the Cabinet Ministers (reasons and materials can be made public after the decision is made)
  • Personal information (however, such information has to be revealed to the Parliament or State Legislature if asked for)

If the release of the information causes copyright infringement, the PIO can refuse the request for information. Furthermore, the exemption does not apply if the information requested is more than 20 years old. In such a case, it must be given to the applicant. However, information relating to security and economic interests with another country, breach of parliamentary privilege and Cabinet proceedings can be denied even if it is more than 20 years old.

What is the Right to Freedom of Speech and Expression under Article 19(1)(a)?

The right to freedom of speech and expression denotes the liberty to express one’s views, opinions and beliefs by the words, writing, art, pictures, etc. This is available to a person, a corporation, press, commercial advertisers, artists, etc. 

It has the following variation (if applicable)

  1. Media Freedoms
  2. Freedom of artistic expression
  3. Commercial Speech
  4. Political expression
  5. Right to know

Rights of Victims and Witnesses

This special law guarantees certain rights to the victims, their dependents and those acting as witness to the complaints filed under this law. These rights are:

Protection from violence

  • Victims, their dependents and witnesses must be protected from any kind of intimidation, coercion, inducement, violence or even threats of violence. 
  • The investigation officer or the Station House Officer must record the complaint of a victim, informant or witnesses by way of an FIR if they are being intimidated, coerced, induced, harassed or even threatened with violence. A copy of the FIR must be given to them free of cost. 

Right to be treated with Dignity

  • Victims should be treated with fairness, respect and dignity. If there are any special needs of victims owing to their age, gender or educational disadvantage, the same must be given due regard.

Rights in  Court

  • The Special Public Prosecutor or the government officials must inform the victims or their dependents of any court proceedings about to take place under this law. They have a right to reasonable, accurate and timely notice of any court proceedings, even when the accused person applies for bail. 
  • The victims or their dependents have the right to request production of documents, materials or witnesses from other parties by making a request to the Special Court. 
  • Victims and their dependents have a right to be heard in proceedings related to the bail, discharge, release, parole, conviction or sentence of the accused person. They also have a right to make written submissions on conviction, acquittal or sentencing of the accused person. 
  • All court proceedings under this law must be video recorded. 

Special Protection

  • The Special Court must provide the victim, their dependent, witnesses or informants: 
    • Complete protection to ensure delivery of justice
    • Travelling and maintenance expenses during investigation, inquiry and trial
    • Socio-economic rehabilitation during investigation, inquiry and trial
    • Relocation 
  • Either the Special Public Prosecutor or the victims, their dependents, witnesses and informants can make an application to the Special Court to: 
    • Conceal their names and addresses of the witnesses in the orders, judgements or any records of the case that are publicly available. 
    • Issue directions to not disclose the identity and address of the witnesses. 
    • Take immediate action on a complaint relating to the harassment of a victim, informant or witness and if necessary pass orders for protection on the same day.

How to file a writ petition offline?

  • Obtain form for filing writ petition

 

A person seeking to protect their fundamental right can file a petition before the appropriate court i.e., Supreme Court or a High Court. The petition should be filed in the prescribed form as given by the particular court. The prescribed format for a writ petition in the Supreme Court can be found here. For High Courts, there are different forms prescribed by each High Court which can be accessed by visiting the concerned High Court’s website.

 

  • Draft the petition

 

After obtaining the prescribed form for the appropriate court, the following information should be mentioned in the petition1:

  • Name and description of the person filing the petition.
  • Name and description of the person/body against whom the petition is being filed.
  • The violated fundamental right of the aggrieved person. 
  • The remedy sought by the aggrieved person. 
  • The reasons for seeking the remedy. 
  • (If the petition is being filed to the Supreme Court) Whether a petition for the matter has already been filed before any High Court and if yes, the order passed by the High Court. 

 

  • Attach documents, if applicable2
  • If the petition is against a lower court’s order, the original or certified copy of such order should be attached to the petition. 
  • The affidavit of the facts led to the filing of the petition. 
  • Any other necessary documents. 

 

If any document is not in the physical possession of the petitioner, then a list of such documents should be attached to the petition.

 

  • Submit the petition

 

After completely drafting the petition, it should be submitted at the filing counter of either the Supreme Court1 or concerned High Court3, according to the petitioner’s preference.

 

  1. Supreme Court of India, Handbook on Practice and Procedure and Office Procedure, accessed at https://main.sci.gov.in/pdf/LU/ppop2017.pdf [↩] [↩]
  2. Supreme Court of India, Handbook on Practice and Procedure and Office Procedure, accessed at https://main.sci.gov.in/pdf/LU/ppop2017.pdf [↩]
  3. Delhi High Court (Original Side) Rules, 2018, accessed at http://delhihighcourt.nic.in/writereaddata/upload/CourtRules/DownloadFile_ACT21XZ4IP9.PDF [↩]

Complaining About an RTI Application

If you have a complaint about the way in which the PIO handled your RTI application, you can approach the higher authorities established under this Act – the Central Information Commission or the State Information Commission. They have a duty under this Act to inquire into your complaint. You can make a complaint in the following situations:

  • When the public authority has not appointed a PIO in the first place;
  • When a PIO has refused to give information;
  • When a PIO has not given you information within the allowed time;
  • When the PIO has asked for too many fees for giving you the information; and
  • When the PIO has given you incomplete or wrong information.

If the Commission is convinced that there are reasonable grounds in the complaint, it has to initiate an inquiry into the matter. For the purpose of conducting an inquiry, it has the same powers as a civil court. This means that it can ask for people to come and be witnesses or submit relevant documents as evidence, inspect these documents, and ask for any public records. 

Responsibilities of Schools

Norms and Standards to be followed by schools

The right to education law prescribes that the Pupil-Teacher Ratio should be maintained at 30:1 for first class to fifth class and 35:1 for sixth class to eighth class.1 It also provides that there should be2:

  • At least one classroom for every teacher
  • Separate toilets for boys and girls
  • Barrier-free access
  • A playground
  • Safe and adequate drinking water facility for the children
  • A kitchen where mid-day meals can be cooked in the school A library in each school provides newspapers, magazines and books on all subjects, including story-books.3
  • A teacher also needs to have a minimum of 45 working hours per week including preparation hours.4

Creation of a School Management Committee

All schools run by the government or substantially aided by it are mandated to form a School Management Committee (SMC). The SMC comprises the elected representatives of the local authority and the parents, with ¾ of the committee composed of parents of the children, admitted in school. The SMC is devised to monitor the working of the school, prepare development plans for the school, monitor utilisation of grants for the school etc. However, the SMC for minority schools and aided schools shall perform advisory functions only. The SMC is vested with the responsibility of devising a School Development Plan, which will be the basis for plans and grants made by the respective State Government or local authorities.5

Provide meals to the children

The law provides that all students between the ages of six to fourteen years who enrol and attend the school studying between I to VIII classes shall be entitled to nutritious meals at no cost.6 The funds for such meals shall be provided by the state government. However, implementation of the scheme and monitoring of the quality and preparation of the meal is overseen by the School Management Committee.7 These meals should be provided on all days except school holidays and should be served at school.8

  1. Schedule I, Item 1, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  2. Schedule I, Item 2, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  3. Schedule I, Item 6, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  4. Schedule I, Item 4, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  5. Section 21 and 22, The Right of Children to Free and Compulsory Education Act, 2009. [↩]
  6. Rule 7, Mid Day Meal Rules, 2015. [↩]
  7. Rule 3, Mid Day Meal Rules, 2015. [↩]
  8. Rule 4, Mid Day Meal Rules, 2015. [↩]

What is the Importance of Free and Independent Media

Having a free and independent media is the cornerstone of democracy. Article 19(1)(a) of the Constitution includes the freedom to express one’s ideas through any media like words, writings, pictures, paintings, visual representations, gestures, signs, etc. This includes publishing and propagating ideas. Thus, the freedom of media, i.e., the press and the audio-visual media (radio, podcasts, television news channels, YouTube, etc) is also protected under the freedom of expression. 

In India, unlike in the United States, there is no separate constitutional provision for freedom of the press but it flows from Article 19(1)(a).1 As a result, the freedom of the press in India stands on the same footing as the freedom of speech of a citizen, and the press is subject to the same set of reasonable restrictions under Article 19(2). Media freedom includes a bundle of rights. Some of these rights are:

  1. Virendra v. State of Punjab, AIR 1957 SC 896; Express Newspaper Ltd. v. Union of India, AIR 1958 SC  578 (614); Indian Express Newspaper v. Union of India, (1985) 1 SCC 641 [↩]