What is the purpose of PIL?
Asked by: Mr. Rickie Weber | Last update: September 19, 2022Score: 4.5/5 (18 votes)
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.
Why is PIL introduced?
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 benefits PIL?
The acceptance of even letters and telegrams by the courts, as PILs, reduces the cost of such litigation and also encourages public-spirited individuals and groups to bring to the notice of the court any situation which requires the Court's interference.
How can PIL help the poor?
Public interest litigation can help the poor in the following ways: It can seek to protect the fundamental rights and better the living conditions of the poor. It can allow public spirited citizens, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.
In what cases PIL can be filed?
In the Judges Transfer Case - Court held Public Interest Litigation can be filed by any member of public having sufficient interest for public injury arising from violation of legal rights so as to get judicial redress.
PIL | Public Interest Litigation | With notes
How PIL is helpful to general public?
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.
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.
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
Who can move PIL?
Concept of PIL. According to the jurisprudence of Article 32 of the Constitution of India, The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed. Ordinarily, only the aggrieved party has the right to seek redress under Article 32.
Who introduced PIL?
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.
Can a PIL be filed in High Court?
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.
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.
How many PIL are filed in India?
A total of 9,23,277 PILs were filed at the Supreme Court between 1985 and 2019. This means that on an average, the Court receives 26,379 PILs every year.
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.
Why PIL is important in judiciary?
A PIL is an important judicial tool especially for the protection of the rights of those who are unable to approach the courts themselves. They are one of the most commonly used forms of litigation, especially in environmental cases.
What is impact of PIL?
Courts can consider larger public issues like the problems of Human Rights, consumer welfare, and the environment. PILs have made it easier for the judiciary to draw up the chief when it's not performing its duties properly.
Can PIL be filed in lower court?
The rule that a PIL can only be heard in high courts or the apex court, thus, needs to be changed. For this, a constitutional or legal amendment is necessary. The district courts are equipped to hear PILs. District advocates also possess sufficient legal acumen and knowledge to be able to deal with cases.
What is PIL explain with example?
In simple terms, a PIL is a petition that an individual or a non-government organisation or citizen groups, can file in the court seeking justice in an issue that has a larger public interest. It aims at giving common people an access to the judiciary to obtain legal redress for a greater cause.
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.
In which circumstances PIL can be rejected?
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 right of the person of the group of persons is violated, it can reject the public interest Litigation.
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 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.
What is Hussainara Khatoon vs Bihar case?
Hussainara Khatoon & Ors. was a landmark decision ruled on March 9, 1979, that gave broader meaning to Article 21 and stated that everyone has the right to a prompt trial. It is the most well-known case involving the human rights of Indian inmates.
What is the difference between writ 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.
How do I submit a PIL?
Generally, in any case, it is advisable to consult a lawyer before filing a PIL. If a PIL is filed in the High Court, then two copies of the petition have to be submitted in the court. Also, a copy of the petition has to be sent in advance to each defendant and proof of this has to be added to the PIL.