In simple terms, a PIL is a petition that an individual or a non-government organisation or citizen groups, can file in the court seeking justice in an issue that has a larger public interest. It aims at giving common people an access to the judiciary to obtain legal redress for a greater cause.
Public interest litigation is litigation for public interest i.e., it is a case filed in the interest of the public by a representative of the public. PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position.
“Public interest Litigation” or PIL is a litigation filed in a court of law, for the protection of “Public Interest”, such as pollution, terrorism, road safety, constructional hazards etc. Court on behalf of those whose rights are being violated.
Public interest litigation can help the poor in the following ways: It can seek to protect the fundamental rights and better the living conditions of the poor. It can allow public spirited citizens, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.
Steps to be taken for filing a Writ Petition / PIL:
- Approach a public interest lawyer or organization to file the case.
- Collect necessary documents such as title deeds, proof of residence, identity proof, notice, resettlement policy if any, and photographs of the eviction.
3) The Concept of Locus Standi - Who can Apply under Article 32. In legal parlance, Locus Standi means the right or capacity or standing to bring a legal action. The question in Article 32 is whether party filing for an action before the Court has the entitlement to do so.
Can a PIL that is once file by the Petitioner once, can be withdrawn by him? No. In a matter concerning a private interest of the petitioner, the court permits the petitioner to withdraw the PIL but not in a matter which is in the interest of the Public at large.
Various areas where public interest litigation (PIL) can be filed: Violation of religious rights or basic fundamental rights. Violation of basic human rights of the poor. Compel municipal authorities to perform a public duty.
You can be an individual, a citizen group or an NGO. This also means that public interest litigation has made it possible for those who are neither 'aggrieved' nor 'victims' to approach the court for justice if the matter is one that affects common people and gives them an opportunity to get legal redress.
Public interest litigation is a litigation which can be filed in any court of law by any public spirited person for the protection of “public interest”. PIL has achieved a place of great importance in our legal system. Public interest litigation case in India was first filed in the year 1976; Mumbai Kamgar Sabha v.
The role of the judge is to keep order or to tell you the sentence of the person. In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact.
There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto and certiorari. Each of them has different meaning and different implications.
The case of the State of Bihar and Hussainara Khatoon is the one that leads in the public interest litigation in India. This case was headed by the Justice PN Bhagwati and his bench in Supreme Court. The petition was made that upheld the prisoners that they will receive benefits of the fast hearing and legal aid.
