In this article you will learn about What is Public Interest Litigation in Political Science.
What is Public Interest Litigation
Public Interest Litigation or PIL is described as a legal system in which the courts of law can initiate and enforce action for securing any significant general or public interest which is being adversely affected or is likely to be by the action of any agency, private or public.
In a PIL, the petitioner seeks the intervention of the court to protect the public interest in matters related to environment, health, human rights, corruption, consumer protection, and other social issues. The petitioner can approach any court, including the Supreme Court, High Courts, and District Courts, with a petition highlighting the issue and requesting the court to take action.
In one of its judgements, the Supreme Court has defined Public Interest Litigation (PIL) as “ a legal action initiated in a court of law for the enforcement of general interest or public interest in which the public or a class of the community has pecuniary or some other interest to which its legal rights or liabilities are affected.”
Under the system, any citizen or a group of people or an organisation can approach in writing, even on a postcard, to the highest court or the High Court, bringing to its notice the need for the protection of public interest vis-a-vis a particular law or action or policy of the government. The judges can initiate the case, in case they find it justified in public interest. Even the judges, after reading newspapers, or after reading about a particular case, can suo moto initiate action for securing a matter involving general or public interest.
Indian System of Public Interest Litigation (PIL)
Public Interest Litigation (PIL) is a relatively new branch of law being practised in India. One of the major objectives, rather the sole objective of a judicial system, is to dispense justice to the people and for this end, to make the judicial system effective, active, efficient, less costly and as far as possible simple. The Public Interest Litigation (PIL), which is often described as the ‘New Legal Horizon’ is designed to meet these objectives. Ever since its initiation and early popularisation by such eminent persons as Justice P.N. Bhagwati, the Public Interest Litigation (PIL) has been developing into a significantly important part of the Indian Judicial System.
Public Interest Litigation (PIL), as already pointed out, is relatively a new branch of law and justice and it is a new approach to judicial relief against public suffering. The system has yet to develop fully. Several clarifications and guidelines have emerged during the past four decades of its working. However all aspects of Public Interest Litigation (PIL) are yet to be totally cleared. The public is yet to be aware of the reach and extent of this new innovative branch of justice and law.
This article on What is Public Interest Litigation in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.