Public Interest Litigation
|Public Interest Litigation||Originated and developed in the USA in 1960.
To provide legal representation to previously unrepresented groups and interest.
|Meaning of PIL||· PIL is a product of the judicial activism role of the Supreme Court. It was introduced in 1980s.
· PIL is a product of the judicial activism role of the Supreme Court. It was introduced in 1980s.
· Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of PIL.
· Also known as-
· Social Action Litigation (SAL)
· Social Interest Litigation (SIL)
· Class Action Litigation (CAL).
· Product of the Judicial Activism role of the SC.
· Any Public- spirited citizen on a social organisation can move the court for the enforcement of the Rights of any person or Group of person etc.
· Maintaining Rule of Law.
· Meaningful realisation of FundamentalRights.
|FEATURES OF PIL||· reach of the people (poor masses), who constitute the
· Low visibility area of humanity.
· Role held by the Court is more assertive than in traditional action.
|SC, 1988 formulated a guidelines||· Bonded labour matters
· Neglected children
· Non-payment of minimum wages to workers
· Petition from riot victims harassment, burning, rape, murder, kidnapping, , Family pension etc.
|Not entertained as PIL||· Landlord–tenant matters
· Service matters
· Complaints against Central/ State Government.
· Admission to medical and other educational institution.
· Petitions for early hearing of cases
· Pending in High Courts and Subordinate Courts
|PRINCIPLES OF PIL||· Imp. exercise in powers under Articles 32 and 226 of the Constitution.
· Constitutionally bounded to protect the Fundamental Rights
· Satisfied about violation of any FRs of a groups.
· Disputes b/w Group of peoples in the realm of private law would not be allowed to agitate as a PIL.
· Special situation may appoint commission.
|SC||· In this Context, “PIL is not a pill or a panacea for all wrongs.”
· Protect basic Human Rights
· HC should not entertain a writ petition by way of PIL.
|History of PIL IN India||• January 1979: The Indian Express reported about the inhuman condos. In which 18 prisoners, including 6 women, were languishing in Patna and Muzuffarpur jails, as they awaited trial, at times for periods longer than they would have been senterned to, had they been convicted.
• Kapila Hingorani, and her husband Nirmal Hingorani, adurates prisoners.
• But back then, according to Indian law, a petition could only be filed if you were a victim or a relative.
• The couple then hit upon the novel idea of filing a habeas corpus petition on the prisoners behalf.
|Guidelines to admit PIL||• Must encourage genuine and bona fide PIL – discourage and curb PIL filed for extraneous considerations
• High Court formulate rules for encouraging genuine PIL.
• Court should prima facie verify credentials of petitioner.
• Satisfy itself substantially that public interest is involved.
• Ensure that PIL is aimed at redressal of genuine public come and public injuries – No private motive behind a filing
• Ensure petition filed by ulterior motive is imposed with exemplary costs to curb such further cases
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