Suppose a group or an individual of individuals believes that they have rights or their interests are being violated by the state. In that case, they may submit a PIL directly to the Supreme Court of India. The Supreme Court recognizes public good in this case, and the PIL is a way to ensure that. The definition of the term PIL is left to the courts to determine, and consequently, there is no legal definition of the identical. A PIL is not able to be solely filed against a private person and has to be filed against municipal or state authorities. A private entity may, however, be added as a respondent once the reference has been made an official participant in the PIL.

The following four heads illustrate the significance of public interest Litigation:

Article 21 The article goes further to become a part of Art. 21 in the Indian Constitution, which enshrines the rights to life as well as personal liberty.

Writes: Certain reliefs in writs have been created due to it.

Social Welfare: It helps to ensure the successful implementation of public welfare.

Inspiring oppressed groups to be lifted: The class that is crushed or marginalized classes can be raised since anyone is able to request relief on their behalf.

Who are you able to bring a PIL to?

A Private Interest Litigation can only be brought with the help of the government, i.e., the union or central government, the state government, or an authority of the municipal level. A PIL can’t have to be brought against private organizations. However, a private entity could be added as a respondent following the relevant state authority.

Relevant Conditions under which you are able to make a PIL:

32 of the Indian Constitution in the Supreme Court and Art. 226 of the Indian Constitution in the High Court

133 of the Code of Criminal Procedure in the Court of the Magistrate

What is the best way to distinguish between a PIL and a written Petition?

Both are kinds of writs. However, they differ in the sense that petitions focus on private interests while a petition is focused on the general public well-being in general. Additionally, all PILs and petitions are writs. However, they are not all PILs or WPs.

Misuse of PIL

A PIL is not filed for profit and is not a frivolous lawsuit. The court must ensure that the case is being filed for the benefit of the community. The former CJI, S. H. Kapadia, has stated that fines could be handed out in cases of frivolous lawsuits.

What is the difference between the PIL and private litigation

The most important distinction is the reason for litigation.

A PIL is for the benefit of society in general, whereas an individual lawsuit is for personal use.

In the event of private litigation, the locus standi precedes (i.e., re, proactive) the lawsuit, whereas in the case of a PIL, The locus standi has been preceded (i.e., is viewed from a different perspective) in the course of litigation. The right sought, or the remedy sought, does depend on the individual who is filing the PIL; however, in the case of private-interest litigation, it is dependent on the person who filed such a petition. Private interest litigation is expensive and difficult to navigate as compared to PIL.

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