What is PIL Upsc?

Asked by: Jillian Langworth  |  Last update: February 19, 2022
Score: 4.6/5 (69 votes)

About: Public Interest Litigation (PIL) is the use of the law to advance human rights and equality, or raise issues of broad public concern.

What do you mean by 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. It is a relaxation on the traditional rule of locus standi.

Who can file PIL Upsc?

Procedure to File PIL in India

Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition: In the SC under Article 32. In the High Courts under Article 226.

What is PIL cases in India?

Public Interest Litigation is the power given to the public by courts through judicial activism. Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon.

What is PIL in Supreme Court?

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.

L45: Public Interest Litigation | 100 Hours - Laxmikanth Summary | UPSC CSE 2020 | Sidharth Arora

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What is PIL explain with 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.

Who can file PIL in India?

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 a writ?

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.

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.

What is the difference between writ petition and PIL?

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.

When was PIL started?

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.

How many types of PIL are there?

There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.

Who is the father of PIL in India?

Justice Bhagwati has been called the father of public interest litigation in India due to his contribution to Public Interest Litigation jurisprudence. Justice Bhagwati was Chief Justice of India from July 12, 1985, to December 20, 1986.

How is PIL misused?

In public interest litigations , misuse comes in various forms. Publicity, private interest, political rivalry, or other oblique motives can be a motive for its misuse. ... While tracing its growing abuse, Law commission of India recommended a 'Code of conduct' for the regulation of PIL cases in India.

What is a PIL Class 8?

“Public interest Litigation” or PIL is a litigation filed in a court of law, for the protection of “Public Interest”, such as pollution, terrorism, road safety, constructional hazards etc. ... Court on behalf of those whose rights are being violated.

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 need and importance of PIL?

In other words, the need and importance of PIL are as follows: Vindication of the rule of law. Facilitating effective access to justice to the socially and economically weaker sections of the society, and. Meaningful realisation of the fundamental rights.

What is PIL drafting?

It is not defined under any statute or act but in simple words, It refers to the litigation filed in a court of law by an individual, NGO or group of people to secure public interest such as Terrorism, Road safety, Pollution, Constructional hazards etc.

What is PIL What is its importance class 9?

Public interest litigation is litigation for public interest i.e., it is a case filed in the interest of the public by a representative of the public. PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position.

What is PIL in jurisprudence?

Public Interest Litigation (PIL) is a practice or a technique that focuses on the citizens of the country. The main purpose of this school of jurisprudence – PIL is to protect the people of the nation. Moreover, before heading into the intricacies of PIL, let's understand what it actually is and how it benefits us.

When can civil courts PIL be entertained?

Letters/Petitions to be entertained as Public Interest Litigations may include the following categories: (1) Bonded Labour matters. Neglected children. Non-payment of minimum wages to workers and exploitation of casual workers and similar violations of Labour Laws, except in individual cases.

How can I draft a PIL in India?

A PIL can be filed in two ways: 1) following the formal legal procedure of filing a writ petition under Article 32 of the Constitution to the Supreme Court or Article 226 to the requisite High Court, or 2) submitting a letter to the Chief Justice of India (CJI) or Chief Justice of a High Court (CJHC).

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.

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. ...

Under which Article PIL is filed?

A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.