Skip to main content

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".  

                                                    ---- ----   thanks for visit ------------
Labels:
Location: India

Comments

Post a Comment

Popular posts from this blog

A few lines about India and its Neighbours

India and Its Neighbours India is a vast country with its mountains, plateaus and plains. It is the seventh largest and the second most populous country in the world. From north to south, India stretches across about 3,200 kilometres, and from east to west it stretches about 3,000 kilometres. It is surrounded by water on three sides – the Arabian Sea in the west, the Bay of Bengal in the east and the Indian Ocean in the south. To its north are the high mountain ranges – the Himalayas . The physical divisions of India are divided into six divisions – the Northern Mountains, the Northern Plains, the Great Indian Desert, the Peninsular Plateau, the Coastal Plains and the Islands. The Northern Mountains include the Himalayas. The Northern Plains lie to the south of the Northern Mountains. The Great Indian Desert which is also known as the Thar Desert, is in the north-western part of India. The Peninsular Plateau lies to the south of the Northern Plains and extends till Kanni...
Post a Comment
Read more

THE HUMAN BODY

THE HUMAN BODY The human body is like a machine which can see, hear, taste smell, move, breathe, grow, etc. The human body is a puzzle for the researchers; because the human body is very complex in its formation. It shows very vast features for its survival. The human body is made up by many tiny cells. These cells are of different kinds. Cells of the same kind join together to make tissue. Tissues join to make an organ . Many organs together form an organ system. Different organ systems together make up the human body. They work together to help us perform the many different activities that we do in a day. Sense Organs Our sense organs help us to learn about the world around us. The eyes, the ears, the nose, the tongue and the skin are our main sense organs. The sense organs are connected to the brain through nerves. They receive signals from the surroundings which they pass on to the brain. The brain makes us understand our surroundings and tell us to react accordingly...
Post a Comment
Read more

POWERS AND FUNCTIONS OF THE GOVERNOR IN INDIA

POWERS AND FUNCTIONS OF THE GOVERNOR IN INDIA The Governor is the Chief Executive of a State. The executive powers of the state are vested upon the Governor. All his powers and functions are exercised by the State Council of Ministers headed by the Chief Minister. The powers and functions of the Governor mean the powers and functions of the Council of Ministers. The Governor can act at his discretion under Article 163 (2). In all other matters, the Governor of the state will act according to the advice of the State Council of Ministers which is headed by the Chief Minister under the Article 163 (1) of the Constitution of India. EXECUTIVE POWERS:         The executive power of the state is vested upon the Governor under Article 154. He exercises these powers either directly or through officers subordinate to him according to the Constitution of India; 1) As the Governor is the Executive Head of the State Government all executive actions of the ...
Post a Comment
Read more