What is PIL?
PIL stands for public interest litigation. The litigation is conducted according to the common interest of the people with the motive to solve a grievance. Here, public interest means the advantage or benefit of the public as a whole. Litigation means- the process in which legal action is taken in a court of law with the motive of seeking a remedy or info enforcing a right.
Thus, public interest litigation is a legal action that is taken in a court of law to enforce a general interest advantage and benefit of some community or class. In other words, it is the use of from for raising issues which concern the public broadly to advance equality and human rights by eating the disadvantaged groups or minorities.
According to the Indian Constitution, any public-spirited person, law firm or NGO can file public interest litigation on behalf of an aggrieved group of persons whose rights are affected. The poet has the liberty to act in its motion. Public interest litigation must be filed against the authority of the government but private party and be included as co-respondents.
Cases in which public interest litigation can be filed include-
1.Environmental degradation
2.Violation of basic human rights of the poor.
3.Content or conduct of the government policy
4.To compare municipal authorities to perform a public duty.
5.Violation of religious rights is the basic fundamental right.
Where can a PIL be filed and by whom?
Public interest litigation can be filed directly in the supreme court or any of the High Courts. Any public-spirited or socially conscious NGO or person can file a PIL to seek redressal of a public injury.
In the High Court, it can be filed under article 226 of the constitution.
In the Supreme Court, it can be filed under article 32 of the constitution.
How to file a PIL
In India, a writ petition and public interest litigation filed in the same manner as the petition. Two copies of the petition have to be filed if the public Interest litigation is filed in any High Court and five copies to be filed if it has to be filed in the supreme court. The opposite party has to be served with an advance copy of the petition and the proof of this must be affixed on the petition. For each member of the party, a Court fee of rupees 50 how to be affixed. After that, the procedure carries on in the same way as in any other case.
Reliefs are available by a PIL-
Interim measures– The court and afford an early intimation to protect the public interest in the final order.
Appointing a committee– The court may appoint A committee or commissioner to look into the matter
The final orders– The court may also give final orders by way of directions to comply with a stipulated time.
Importance of public interest litigation
1. It gives a wider description of the right of equality, life, and personality which is guaranteed under part III of the constitution.
2. It has introduced some kind of relief remedies under the writ jurisdiction.
3. It also functions as an effective instrument for changes in society or social welfare.
Through public Interest litigation, any public or person can seek remedy on behalf of the oppressed class by introducing it through public interest litigation.
Demerits of public interest litigation
- Many people started handling PIL as a tool for harassment because frivolous cases can be filed without heavy Court fees.
- The judiciary has been criticized due to the overstepping of its judicial discretion.
- It is sometimes misused by the public by seeking publicity rather than supporting the public cause.
- The abuse of PIL has become more rampant than the genuine causes either proceeded to the background or began to be viewed with suspicion.
- Political pressure groups which could not achieve their needs through the administrative process main use the PIL to further their aims and interest.
