How did PIL originate in India?
Asked by: Cyrus Gislason | Last update: August 2, 2022Score: 4.1/5 (26 votes)
In India, the PIL is a product of the judicial activism role of the Supreme Court. It was introduced in the early 1980s. Justice V R Krishna Iyer and Justice P N Bhagwati were the pioneers of the concept of PIL. PIL had begun in India towards the end of the 1970s and came into full bloom in the 1980s.
When did PIL came to India?
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How did PIL come into existence?
The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests.
Who introduced the PIL system in India?
India had to wait till 1986 when the then chief justice P.N. Bhagwati introduced public interest litigation (PIL) to the Indian judicial system. The original idea was to give marginalised citizens access to justice, but by the mid-1990s PILs had transformed the legal landscape with a flurry of high-profile cases.
Which is the first PIL in India?
The first reported case of PIL was 'Hussainara Khatoon Vs. State of Bihar' in 1979. Few important facts of this case are as follows: This case focused on the inhuman conditions of prisons and under trial prisoners.
Public Interest Litigation in India, How PIL works & what are its advantages? Current Affairs 2018
Who invented PIL?
Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati.
Who filed 1st PIL?
History of Public Interest Litigation (PIL) in India
In 1979, Kapila Hingorani filed a petition and secured the release of almost 40000 undertrials from Patna's jails in the famous 'Hussainara Khatoon' case. Hingorani was a lawyer. This case was filed in the SC before a Bench led by Justice P N Bhagwati.
Who is the mother of PIL?
Pushpa Kapila Hingorani was an Indian lawyer who is regarded as "Mother of Public Interest Litigation" (PIL). As per then prevailing laws, a petition could be filed only by a victim or a relative. Kapila and her husband Nirmal Hingorani wanted to represent the undertrial prisoners in Bihar.
Why was the mechanism of public interest litigation PIL introduced?
The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice. It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.
Which movement in India led to the filing of PIL?
Answer : Hussainara Khatoon vs State of Bihar case was one such movement in India led to the filing of Public Interest Litigation and the Judiciary had to give decision over PIL.
What is the introduction of public interest litigation PIL?
The introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all because it also keeps in mind the interests of the illiterate and poor who are not educated enough or cannot afford to access the Indian legal system for justice against exploitation or ...
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
When was the mechanism of PIL was devised by the Supreme Court?
Public interest litigation (PIL) which was devised by the apex court in 1984, is a valuable mechanism to redress the problems of the neglected, alienated and marginalized sections of society whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard.
What is PIL state the objectives of introducing PIL?
Explanation: The aim of PIL is to give to the common people access to the courts to obtain legal redress. PIL is an important instrument of social change and for maintaining the Rule of law and accelerating the balance between law and justice.
What is PIL and its importance?
Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.
Who is Hussain Ara Khatoon?
The case of Hussainara Khatoon revolutionised the Indian legal system. Hussainara was one of the six women undertrial prisoners that were held in the prisons of Bihar, hence the name.
Which two states share high courts?
Which of the states in India share a common High Court? The states of Punjab and Haryana have a common High Court in Chandigarh. Also, the North-Eastern states (Assam, Mizoram, Nagaland, Arunachal Pradesh) share the same High Court in Guwahati.
Who can file a PIL?
Who can file it? Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.
Is PIL mentioned in Constitution?
Therefore, PILs may be filed either before the Hon'ble Supreme Court of India under Article 32 of the Indian Constitution or any High Court under Article 226 of the Indian Constitution. However, even a simple letter or a postcard addressed to the Chief Justice of India or the Chief Justice of a High Court may suffice.
Which case is known as PIL case?
PIL has achieved a place of great importance in our legal system. Public interest litigation case in India was first filed in 1976; Mumbai Kamgar Sabha v. M/s Abdulbhai Faizullabhai and others [1976 (3) SCC 832]. The seed of PIL was sown by Justice Krishna Iyer through this landmark judgement.
Which jurisdiction of Indian judiciary covers PIL?
The PIL comes under the Epistolary jurisdiction because PIL is a form of judicial activism.
Is writ and PIL same?
Basic difference between Writ and PIL
1. Writ can be filed by individual for personal benefit while PIL can be filed by any public spirited person for benefit of public at large.
Under which Article PIL is filed?
According to the Constitution of India, the petition can be filed under Article 226 before a High Court or under Article 32 before the Supreme Court of India. Steps to be taken for filing a Writ Petition / PIL: Approach a public interest lawyer or organization to file the case.
Can NGO file a PIL?
A Public Interest Litigation (PIL) can be filed before a Magistrate or in any High Court or directly in the Supreme Court. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial redressal of public injury.
What is locus standi in PIL?
locus standi is the term for the ability of a party to demonstrate to the court in. sufficient connection to and harm from the law or action challenged to support that. party's participation in the case.