Consider the following statements with reference to Public Interest Litigations (PILs). 1. Public Interest Litigation purely based on newspaper reports are maintainable in courts. 2. PIL need not be filed by the aggrieved party only. 3. PILs can help develop the law by giving judges the opportunity to interpret legislation. Which of the statements given above is/are correct?
Consider the following statements with reference to Public Interest Litigations (PILs). 1. Public Interest Litigation purely based on newspaper reports are maintainable in courts. 2. PIL need not be filed by the aggrieved party only. 3. PILs can help develop the law by giving judges the opportunity to interpret legislation. Which of the statements given above is/are correct? Correct Answer 2 and 3 only
The correct answer is 2 and 3 only.
Important Points
- 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.
- The introduction of PIL in India was facilitated by the relaxation of the traditional rule of ‘locus standi’.
- According to this rule, only that person whose rights are infringed alone can move the court for the remedies, whereas, the PIL is an exception to this traditional rule.
- Under the PIL, any public-spirited citizen or a social organisation can move the court for the enforcement of the rights of any person or group of persons who because of their poverty or ignorance or socially or economically disadvantaged position are themselves unable to approach the court for the remedies.
- Thus, in a PIL, any member of the public having ‘sufficient interest’ can approach the court for enforcing the rights of other persons and redressal of a common grievance. Hence, statement 2 is correct.
- Public interest litigation can:
- Clarify the law.
- Hold public bodies to account by ensuring that they make appropriate decisions, act fairly and transparently and within the remit of their powers.
- Help develop the law by giving judges the opportunity to interpret legislation. Hence, statement 3 is correct.
- Give vulnerable people a voice by highlighting an important issue and providing a platform for advocating for their rights.
- Raise awareness of important issues encouraging public debate and media coverage.
Mistake Points
- Recently, the Kerala High Court dismissed a public interest litigation (PIL) petition on the ground that it was based “purely on a (news) paper report”. (MV Arun v. District Collector and Ors.)
- The court said that giving due consideration to the decisions of the Hon'ble Supreme Court, on Public Interest Litigations, merely on newspaper reports, no writ petition can be entertained. Hence, statement 1 is NOT correct.
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Feb 20, 2025