What is the scope of PIL?
Asked by: Harvey Prosacco | Last update: February 19, 2022Score: 4.3/5 (51 votes)
What is PIL definition nature scope of PIL?
PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressal of public injury. Such injury may arise from breach of public duty or due to a violation of some provision of the Constitution.
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. ...
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
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.
Objects and scope of public interest litigation
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).
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.
Who can file PIL India?
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.
What are the merits and demerits 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 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 Article 39 A of Indian Constitution?
Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. ... Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme insofar as it relates to the Supreme Court of India.
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.
Can PIL be withdrawn?
Persons bringing PILs to the court cannot of their free will seek to withdraw the petition. He court may take over the conduct of the matter irrespective of the wishes of the petitioner. ... However the court declined saying that the court had already started an elaborate exercise and hence, the case cannot be dismissed.
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.
What is the importance of legal aid in India?
Legal aid may be taken to mean free legal assistance to the poor persons in any judicial proceedings before the Court, Tribunals or any authority. It intends to provide free legal assistance to the poor persons who are not able to enforce the rights given to them by law.
Who is father of PIL?
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.
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.
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.
Who brought PIL in India?
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.
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.
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.
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.
Can a government employee file a PIL?
The fact on the other hand is that to the best of my knowledge no service rule seems to stop a government servant, including the All India Services officers, from filing PILs. It does not even say that the government servant shall take permission from the concerned government before filing PILs.
In which circumstances 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.
Which petitioner was removed from a PIL they filed?
A Public Interest Litigation (PIL) petition was filed before the Calcutta High Court on Tuesday praying for a direction to the Central government to remove Jagdeep Dhankhar as the Governor of West Bengal, claiming that he was acting as the 'mouthpiece of the Bharatiya Janata Party'.