Suo Motu cognizance is a unique power that a court in India holds. It is the initiation of legal action by that court without any formal complaint or case or application by anyone. The term “Suo Motu” is of Latin form and means “on its motion.” The power is vested in the Supreme Court and high courts to take up matters involving larger public interest, or the violation of human rights or systemic injustice, without a case brought before them.
Suo Motu Cognizance—A Legal Overview
The right to suomotu cognizance in India is vested in Articles 32 and 226 of the Constitution. Article 32 gives the Supreme Court the power to take cognizance of the violation of the fundamental rights, whereas 226 provides similar powers to the High Courts for doing so within their respective territories. It allows the courts to exercise their power at their own volition in the context of any issue also brought to their notice—mostly through the means of mediareports, letters, or any other public form of communication.
This is a reflection of judicial activism, in which the judiciary usually comes directly into the scene to remedy an error or injustice, most times if the legislative or executive arms of government are unable to control the situation. Suo Motu actions have become a vital tool which courts would use to protect the rights of citizens and to uphold the principles of democracy.
Usage of Suo Motu in Actual Practice
Whenever the courts initiate a Suo Motu cognizance, a legal proceeding begins on the basis of information received from different sources – media reports, news articles, or citizen’s letters. The pro-active role of the judiciary ensures that such cases are addressed sometimes even before a formal petition is put before them. This goes a long way in the prompt delivery of justice, especially in cases where it concerns violations of human rights, corruption or environmental degradation.
Advocate Arif Khan Makki explains why Suo Motu action is taken. He says that by taking Suo Motu action, as many people as possible shall have access to justice, especially those who cannot afford to approach them. This is reflective of such a wider goal to make this system more inclusive and meeting societal needs.
Nyati v. State of UP & Others
One of the most important Suo Motu Cases in India is the 2003 PIL order in Rajesh Kumar Singh Patel & Others.
- Murthal Rape Case: One case which may stand out is Suo Motu cognition is The Murthal Rape Case that was exposed during the Haryana Farmer’s movement in 2016. Mediapersons who were talking about alleged sexual assault of several women in the area called in the police and even named some cops on the basis of such allegations. Punjab and Haryana High Court had taken Suo motu case of rape in Murthal being brought to its notice. The High Court stepped in on June 7, 2016, after noting that a large number of women were reportedly allegedly raped.
- Medical Corruption in Jammu & Kashmir: Another significant Suo Motu-cognizable matter that the High Court took up involved a reported issue in Medical Corruption, discussing reports about J&K, which given an account of some of the devious practices in the healthcare system in the region. Jammu & Kashmir High Court maintained taking cognizance of this issue against corruption, naming profiteering on drugs, referring patients for unwanted investigations, and so on. This step created useful public opinion, which resulted in prompt coil-sansary action by the authorities.
- Rape and Child Pornography: Even the Supreme Court of India exercised Suo Motu powers in relation to various forms of online abuses. For example, the Prajwala NGO lodged a letter with the Chief Justice of India drawing his attention toward the presence of short films/ videos material available wherein live shooting of gang-rape and/or including child pornography was being allowed on the internet, with the new online facility technology. The court took Suo Motu cognizance asking for directions issued to the central government to work in association with tech giants like Google, Facebook, and WhatsApp to block such content. The case represents how serious the judiciary is regarding the issue of cybercrimes and argues in favor of developing a safe virtual environment.
The role of Suo Motu in social justice
Suo Motu has done a catalytic work in addressing most of the social justice issues in the country within itself. Courts, often, are seen taking the lead in addressing issues such as pollution, violation of child rights, woman-related violence, and unjust treatment to marginalized communities. When the level of air pollution in Delhi reached an alarming stage, even the Supreme Court noted it and took Suo Motu; it asked the government to implement measures to cut down pollution.
The Roe of Suo Motu in Social Justice
Suo Motu awareness and application in India have indeed become very crucial for social justice in the Masjids. Suo Motu has really taken a trenchant attitude towards the issues of pollution, child rights violations, gender-based violence, and injustice towards the marginalized community. For example, when pollution in Delhi had reached apocalyptic levels, Supreme Court took Suo Motu cognizance and directed the government to implement measures to curb this pollution.
Great Questions About Suo Motu Cognizance - Is judicial review Suo Motu?
No, a judicial review basically deals with the court’s power to assess the actions of the legislature and the executive in the view of their constitutionality. Suo Motu cognizance can also be invoked in case of a breach involving the constitution, but judicial review has a sense that aggrieved citizens move to the court before any legal action is taken. - What do you want to say about Suo Motu in Indian law?
Suo Motu enables action to be taken by the Supreme Court and the courts without a formal petition being filed out of Epistolatory Jurisdiction, its origin dating back to the 1970s, something that made the legal system accessible to most marginalized sections of society. - Does Suo Motu have any powers?
Suo Motu permits courts to initiate or take action, issue orders, and also initiate legal proceedings. That’s a very organized power and it allows judges to intervene in many things from fundamental breaches of human rights or environmental issues to public welfare.
CONCLUSION
Certain issues may otherwise escape the attention of the judiciary, but the suo motu cognizance is a very strong tool in the hands of the judiciary in India to address such issues. The judiciary works more effectively with respect to prevention rather than curing the canker of justice, particularly of public interest and human rights importance. In fact, the whole of this legal mechanism sheds light on the judiciary’s vital role in upholding justice and ensuring accountability, making it the keystone of Indian democracy.