What PIL means?
Asked by: Prof. Gladys Raynor I | Last update: August 24, 2022Score: 5/5 (24 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.
What does PIL mean in India?
Significance of Public Interest Litigation (PIL) in India
Any citizen/agency who is capable can file petitions on behalf of those who cannot or do not have the means to do so. It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc. It is an important tool in judicial review.
Why it is called PIL?
Public interest litigation:- Its origin and meaning
In Indian law, means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party.
What is PIL How does it work?
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 PIL in court?
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.
PIL Explained in Hindi | By Ishan
Who can file a PIL in the 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.
Who started PIL in 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.
How many types of PIL are there?
There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.
What are uses of PIL?
The main reason for filing a PIL is to provide access to the courts to the common people so that they can get opportunities to obtain the legal remedy. It is an important social changing instrument that is used for maintaining the rule of law which will in return control and balance the gravity between law and justice.
Can a government employee file a 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.
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.
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 abuse of PIL?
People have started misusing the PIL to settle a personal vendetta and serve political or business interests. The court has warned that PIL should be treated as a “public interest litigation” and not a “private interest litigation”.
What is difference between writ and PIL?
Basic difference between Writ and PIL
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 first PIL filed?
The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979) that focused on the inhuman conditions of prisons and under trial prisoners that led to the release of more than 40,000 under trial prisoners.
Can PIL be filed against an individual?
A PUBLIC INTEREST LITIGATION can be filed only against a State / Central Govt., Municipal Authorities, and not any private party.
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.
Who is the PIL Man of India?
PIL Man Ashwini Upadhyay: The Uncrowned King Of Public Interest Litigation. Being a Public Interest Litigation maven, he has filed more than 100 PILs in the Supreme Court and different High Courts of India.
Who is the 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. Further Reading: Public Interest Litigation (PIL) in India.
How do I submit a PIL?
How to file a PIL: Procedure to file a public interest litigation is just like a filing a general writ in High Court or Supreme Court. In High Court: If a PIL is filed in a High court, then the person needs to file two copies of the petition.
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 case is known as PIL case?
Public interest litigation is a litigation which can be filed in any court of law by any public-spirited person for the protection of “public interest”. PILs have achieved a place of great importance in our legal system. In India, the first PIL was filed in the year 1976 – Mumbai Kamgar Sabha v.
Who is the first woman judge in the Supreme Court of India?
With a quiet efficiency that defined her career, on 6 October 1989, M. Fathima Beevi became the first female judge in the Supreme Court, a position she held till her retirement on 29 April 1992.
Can a person fight his own case in India?
Provision for Fighting One's Own Case as per Advocate's Act. Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India.
Is PIL a writ petition?
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.