How is PIL different from ordinary litigation?
Asked by: Katlyn O'Hara | Last update: February 19, 2022Score: 5/5 (19 votes)
Public interest litigation is brought before the court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary litigation, but it is intended to promote and vindicate public interest which demands that violations of constitutional or legal rights of large numbers ...
What is the difference between public interest litigation and social action litigation?
The latter is driven primarily by efficiency considerations, whereas the PIL is concerned at providing access to justice to all societal constituents. PIL in India has been a part of the constitutional litigation and not civil litigation.
What is the difference between PIL and writ petition?
A Public Interest Litigation (PIL) is a petition that can be filed by any member of the public for any matter of public interest, for redress of public wrong or injury. ... A Writ Petition may be filed by an aggrieved person(s) to seek legal remedies for violation of fundamental rights.
What do you mean by PIL public interest litigation?
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 law concerns the various rules and regulations that govern the exercise of power by public bodies.
What is public interest pleading?
Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of the public in general. ... Further, public interest cases could be filed without investment of heavy court fees as required in private civil litigation.
PUBLIC INTEREST LITIGATION
In which court PIL can be filed?
PILs can be filed either in the High Court or in the Supreme Court. What is the procedure for filing a PIL? One has to do thorough research before filing a PIL. In case of filing a PIL concerning several individuals, it is important and the best course for the petitioner to consult all affected interest groups.
What is PIL example?
Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc.
How does PIL work mention the importance of PIL?
PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position. ... The presence of 'public interest' is important to file a PIL. The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial prisoners.
What are the advantages of PIL?
It's advantages : It protects our human basic rights called fundamental rights through the court. Due to this any section or class of people's can approach the court with their petition. In simple words ,it protects the public interests by protecting our welfare and rights. ...
What is the importance of RTI and PIL?
RTI is Right to Information, which enables all citizens of India to get information from Public Authority. *On the other hand, PILis Public Interest Litigation, which enables citizens to approach directly the Honorable Supreme Court/High Court to get resolution of issues, which affects public.
Is PIL and writ are same?
PILs are extensions of Writ Jurisdiction. 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.
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
How do you write a PIL?
- Cover Page: It includes only the main information like the name of the court, names of the petitioners, jurisdiction and PRN (Petition reference number).
- Memo of Parties: It includes only the name and registered address of petitioner/s and respondents/s.
What are the features of PIL?
Features of PIL:
PIL involves a combination of formalism that stands attached with the judicial system, with an in formalism that characterises a tribunal and/or a departmental system. PIL avoids the formal approach to the court system.
What is the specification of PIL *?
A PIL is a form of writ, with just one specification that the matter is related to the general well-being of the public instead of a particular litigant.
Is PIL a class action suit?
Public interest litigation is a maverick renovated by the Supreme Court of India, taking inspiration from the concept of class-actions suits. It can be defined as litigation filed in the Court of Law for protection of the public interest such as pollution, terrorism, extremism.
What is the negative side of PIL?
Demerits. Many people started handling PIL as a tool for harassment because frivolous cases can be filed without heavy court fee as compared to private litigations. Due to the flexibility of character of the PIL, the opposite party gets an opportunity to ascertain the precise allegation and respond to specific issues.
What are the criticism of PIL?
In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments.
What is the disadvantage of PIL?
PIL being misused may be because of of its easy working system. Lower cost of the filing and accessible. PIL is ruining because of frivolous cases has been filed in the name of PIL as it is an easy access.
In which case PIL was defined by the Indian judiciary?
It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined the term "public interest litigation" in the Indian context.
Can we file PIL in district court?
Important public issues are taken up by vigilant judges in a PIL. But at present, owing to the prohibitive procedure a citizen or a social organisation cannot proceed under the PIL in lower or district courts. ... The rule that a PIL can only be heard in high courts or the apex court, thus, needs to be changed.
Who can move PIL in High court and Supreme Court?
Constitutional Lawyers in India
It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts.
When a letter may be treated as a petition of PIL?
The writ petition should involve a question, which affects public at large or group of people, and not a single individual. Only the effected / Aggrieved person can file a writ petition. There should be a specific prayer, asking the court to direct the state Authorities to take note of the complaint /allegation.
Which is the highest court in state?
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.
When did PIL start India?
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.