LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

PIL

Querist : Anonymous (Querist) 02 December 2009 This query is : Resolved 
what do u mean by PIL filing in highcourt.
Raj Kumar Makkad (Expert) 02 December 2009
Public Interest Litigation generally filed before the High court contains the vital questions affecting the general public and generally those pertain to govt. agencies.
Kiran Kumar (Expert) 02 December 2009
PIL means Public Interest Litigation.

the matter involved in PIL shall be of public interest at large...u can also refer it a pro bono publico.

various issues like Environment Protection, Land misuse etc. can be convered under this head but can not be used as a tool to enforce private interest.
A V Vishal (Expert) 02 December 2009
A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressal of public injury. Such injury may arise from breach of public duty or due to a violation of some provision of the Constitution. Public interest litigation is the device by which public participation in judicial review of administrative action is assured. It has the effect of making judicial process little more democratic.

According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: -

» There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult,

» The person bringing the action has sufficient interest to maintain an action of public injury,

» The injury must have arisen because of breach of public duty or violation of the Constitution or of the law,

It must seek enforcement of such public duty and observance of the constitutional law or legal provisions.

» This is a powerful safeguard and has provided immense social benefits, where there is essentially failure on the part of the execute to ameliorate the problems of the oppressed citizens.
Khaleel Ahmed Mohammed (Expert) 08 December 2009
Well advised by the experts.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :