Allow Cookies!
By using our website, you agree to the use of cookies
Public interest litigation (PIL) is the use of the law to propel human rights and equity or raise issues of wide public concern. It helps advance the reason for minority or impeded gatherings or people. In Indian law, implies litigation for the assurance of public concern. It is prosecution presented in a courtroom, not by the abused party yet by the court itself or by some other private party. PIL implies protection filed in a court of law, for the protection of "public interest, for example, Pollution, Terrorism, Road safety, Constructional risks, and so on. Any issue where the interest of public affected can be changed by filing a Public Interest Litigation in a court of law. The expression 'Public Interest Litigation' has been obtained from American jurisprudence, where it was intended to give lawful portrayal to already unrepresented groups like poor people, the unorganized consumers, racial minorities, residents who were passionate about the environment, and so forth.
How to file PIL
The traditional rule of "Locus Standii" that an individual, whose right is violated alone can file a petition, has been relaxed by the Supreme Court in its ongoing decisions. Presently, the court grants PIL in India at the occasion of public-spirited residents for the requirement of enforcement of constitutional legal rights. Presently, any public-spirited resident can move/approach the court for the public cause by filing a petition: In the Supreme Court under Art.32 of the Constitution, In High Court under Art.226 of the Constitution and In the Court of Magistrate under Sec.133, Cr. P.C.
Common Cause (A Regd. Society) Vs. UOI AIR 2008 SC 2116 in this PIL Petitioner filed PIL praying to the court to establish a Road Safety Act taking into account the various road accident however for this situation court held that court can't direct legislation A pursual of the prayers made in this writ petition clearly shows that what the petitioner needs the courts to do is legislation by amending the law, which is certainly not a legitimate judicial function so this Petition was dismissed by the court of law. In Shubhash Kumar v State of Bihar, the court saw that the Right to live is a fundamental right under Arti. 21 of the consti. and it incorporates the right to the enjoyment of pollution-free water and air for full satisfaction throughout everyday life. In the event that anything imperils or debilitates that personal satisfaction in disparagement of laws, a resident has a right to have a recourse to Article 32 of the constitution of India for removing the pollution of water or air which might be negative to quality of life.
The PIL is a procedure to place any public problem according to the law however as it is said that nothing can be fully good so there are some acceptable elements then some bad are also. it is humbly submitted that PIL is still is in the trial stage. The Justice Krishna Iyer, once said “The judicial activism gets its highest bonus when its orders wipe some tears from some eyes”.
86540
103860
630
114
59824