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PUBLIC INTEREST LITIGATION IN INDIA

                         Public  Interest Litigation 


Public interest litigation is a tool by a public spirited citizen or social justice organisations can seek remedy   from the competent court, where any of the constitutional right, mainly the fundamental rights, of any citizen has been encroached or or infringed by the state or any other authority, on behalf of that citizen or for common cause. The courts in Indian have shown positive interest while entertain public interest litigation . It is a dynamic approach indeed. Public interest litigation is filed before the court not  for the object of enforcing any individual`s rights against another, but it is intended to promote and highlight public interest which demands that  encroachment of constitutional right or legal right of people who cannot afford litigation being in economically or socially disadvantaged statues, and that their injury should not go unnoticed or unheard. 

Public interest litigation is a challenge and also an opportunity to the governments and its personnel to make fundamental human rights purposeful to the poor and deprived people. Thus to provide them economic and social justice which is the essential most element of our constitution , tendency to file public interest litigation should be welcomed by the governments and its personnel because it provide them an opportunity to ensure that the poor or drowntrodden  are getting their economic and social entitlement.While the court entertains the public interest litigation it attempts to ensure that social and economic programmes are reached to the poor .In other words the court is merely assisting in the realization of constitutional objectives. 

An application for an appropriate direction, order or write in supreme court under article 32 and under article 226 before the high court can with a view to seek judicial redress for the legal wrong or injury caused to such person or to a class of person.
However, the individual or public spirited citizens who move the court  judicial redress\relief  in cases of public interest litigation, must be acting bone fide with a view to vindicating the cause of justice.

                The grounds of public interest litigation can be filed :

  1. where there is beach of fundamental rights.
  2. where there is violation of any constitutional rights or legal rights of an individual or a group of persons.
  3. By reason of  poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief.
  4. The supreme court will readily respond to letter addressed by such individual acting ''pro-bono-publico''
  5. The court may cast aside the technical rules of procedure in the exercise of its dispensing  power and treat the letter of the  public minded individuals as a writ petition and act upon it.
      

 Abuse of public interest litigation

 the supreme court of India has adopted the dynamic approach while entertaining P.I.L however,the court expressed a note of caution also become there are instances then the liberal rules of locus-standi  have been misused by so called interested person. In the words of justice P.N Bhagwati ---we must conduct to see that the member of public, who approaches the court in case of this kind, in acting bona fide and not for personal gain or private profit or political motivation other oblique consideration.The court must not allow its process to be abused by politicians and others".  

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