Wednesday, 12 September 2012

Public interest Litigation

Public-interest litigation (PIL) is a litigation for the protection of the public interest.
  • The concept of PIL has emanated from the power of judicial review enjoyed by the higher courts in India.
  • The concept of PIL has its origin in Australia.
  • It is in consonance with the objects enshrined in Article 39A of our Constitution.
  •  Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court.
  • A PIL can be filed by any individual or organization on behalf of the aggrieved persons under Article 32 and Article 226. Even a postcard can be treated as a writ petition.
  • It gives chance to the poor persons of society to knock the door of High Court or Supreme Court for enforcing their Fundamental Rights.
  • This PIL is basically for group interest and not for the individual interest. Thus Supreme Court or High Court can reject if it is intended to mean for individual.
  • Again if on hearing the petition, the court finds that no Fundamental right of the person of the group of persons is violated, it can reject the public interest Litigation.

1.  It has increase the burden of already overburden courts.
2.  It has led to the increase in frivolous litigation filed to delay the things or gain publicity.
3.  It has increased the judicial interference in the domain of legislative and executive.

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