Is Pil an exception to locus standi?

Asked by: Dr. Emil Conn  |  Last update: February 19, 2022
Score: 5/5 (64 votes)

The exception to the rule of Locus Standi-Public Interest Litigation: ... So, to remove the hardship of law, a new concept of Public Interest Litigation (PIL) came into existence. It was the result of the efforts of judicial activism in a direction to achieve justice in a true sense.

Is locus standi applicable in PIL?

Locus standi is mandatory in traditional litigation, but a genuine interest or legitimate concern about the issues of the public will act as a substitute for local standi in a PIL. Therefore, Locus standi is the standing of a person in whom the right to legal action vests.

What is the rule of locus standi?

In legal terms, Locus Standi essentially applies to a plaintiff's attempt to show to the court that there is ample relation or correlation or cause of action to the plaintiff from the suit. In other terms, it applies to a person's capacity to put a case before the court of law or to testify before the court of law.

Can PIL be filed in tribunal?

A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court.

Is PIL maintainable as a writ petition?

To be served only when the Hon'ble Court issues notice regarding the same. A PIL can be filed in the same way as a writ petition.

Locus Standi | Scope | Article 32 & 226 | Concept of Locus Standi | LLM | Law notes

29 related questions found

Can PIL be filed in lower court?

Where can PILs be filed? PILs can be filed either in the High Court or in the Supreme Court.

Can PIL be filed in service matters?

Public Interest Litigation In Service Matters Not Maintainable : Kerala High Court Reiterates. While dismissing a writ petition, the Kerala High Court recently reiterated that Public Interest Litigations (PILs) in service matters are not maintainable. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P.

On what grounds PIL can be rejected?

(a) Reject dubious PIL at the threshold and in appropriate case with exemplary costs. (b) In cases where important project or socio economic regulations are challenged after gross delay, such petitions should be thrown out the very threshold on the ground of latches.

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. ...

Why is PIL important?

Significance of PIL

It is an important tool to make human rights reach those who have been denied rights. It democratises the access of justice to all. Any citizen or organisation who is capable can file petitions on behalf of those who cannot or do not have the means to do so.

What is exception of locus standi?

The exception to the rule of Locus Standi-Public Interest Litigation: ... So, to remove the hardship of law, a new concept of Public Interest Litigation (PIL) came into existence. It was the result of the efforts of judicial activism in a direction to achieve justice in a true sense.

What is the object of PIL?

The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people. It is generally used to safeguard group interests and not individual interests, for which Fundamental Rights have been provided. The Supreme Court of India and the High Courts have the right to issue PILs.

What is PIL in law?

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.

Does locus standi apply in habeas corpus?

The Indian judiciary in a catena of cases has effectively resorted to the writ of habeas corpus mainly in order to secure release of a person from illegal detention. ... As personal liberty is so important, the judiciary has dispensed with the traditional doctrine of locus standi.

What is locus standi Philippines?

Locus standi is “a right of appearance in a court of justice on a given question.”[ 13] Specifically, it is “a party's personal and substantial interest in a case where he has sustained or will sustain direct injury as a result”[14] of the act being challenged, and “calls for more than just a generalized grievance.”[

What is locus standi tort?

THE dictionary meaning of “locus standi” is the right or ability to bring a legal action to a court of law , or to appear in a court . ... At times referred to as “the doctrine of standing”, locus standi determines the competence of a plaintiff to initiate civil proceedings in a court of law against the defendant.

What are the limitations 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.

What is PIL state its pros and cons?

The main benefit of Public Interest Litigation is that it helps to serve the people at large. It is does not benefit the individual but instead it benefits the public and mainly the weaker section of the society, who cannot afford to move to the court in order to protect the Fundamental Right.

What are the negative effects 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.

How do you prove PIL maintainability?

A. Maintainability: After three-and-a-half decades of PIL, one basic legal point remains clear: because it is filed under Article 32 of the Constitution, a PIL is maintainable only if there is a violation of one or more of the fundamental rights guaranteed under Part III of the Constitution.

Which case relaxed the rule of locus standi?

One of the landmark cases in relaxation of the principle of locus standi is that of Hussanara Khatoon v. State of Bihar (1980 1 SCC 81), where a writ petition filed by an advocate was entertained by the court on the basis that public interest was involved in the matter.

How is PIL being misused?

Tool for harassment. Many people have started using PIL as a tool in order to register false cases to harass people. This has become easy as it is cheaper to file a PIL, as opposed to private litigation. ... People have started misusing the PIL to settle a personal vendetta and serve political or business interests.

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.

Which of the following Cannot be treated as a PIL petition *?

The Correct Answer is A and B. Recently the Delhi High Court had dismissed a PIL filed by a tenant for rent waiver. Matters pertaining to pension and gratuity also cannot be filed under PIL. The Matters of Bonded labour can be applied under PIL.

Can government employees file PIL?

Breaking; Government Employees can File PIL since Right to Judicial Remedies is a Constitutional right; SC quashes Disciplinary proceedings against IAS Officer for filing Black Money PIL and orders to pay 5 Lakhs [Read Jt] In a landmark Judgment a Two Judge Bench of the Supreme Court comprising of Justice J.