This paper is published in Volume 3, Issue 7, 2018
Area
Legal Studies And Research
Author
Suhasini Jaiswal
Org/Univ
Indore Institute of Law, Indore, Madhya Pradesh, India
Keywords
Judicial activism, Concept, Criteria, History, Norms
Citations
IEEE
Suhasini Jaiswal. Public Interest Litigation, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARnD.com.
APA
Suhasini Jaiswal (2018). Public Interest Litigation. International Journal of Advance Research, Ideas and Innovations in Technology, 3(7) www.IJARnD.com.
MLA
Suhasini Jaiswal. "Public Interest Litigation." International Journal of Advance Research, Ideas and Innovations in Technology 3.7 (2018). www.IJARnD.com.
Suhasini Jaiswal. Public Interest Litigation, International Journal of Advance Research, Ideas and Innovations in Technology, www.IJARnD.com.
APA
Suhasini Jaiswal (2018). Public Interest Litigation. International Journal of Advance Research, Ideas and Innovations in Technology, 3(7) www.IJARnD.com.
MLA
Suhasini Jaiswal. "Public Interest Litigation." International Journal of Advance Research, Ideas and Innovations in Technology 3.7 (2018). www.IJARnD.com.
Abstract
Public Interest Litigation (PIL) is a concept which fully justifies the universally accepted promise that human beings are social animals. The expression ‘Public Interest Litigation ‘literally means, “some litigations conducted for the benefit of public or for removal of some public grievance.“ The words ‘ public interest ‘ according to the Oxford English Dictionary (2nd Edition Vol.12) mean ‘the common well being also public welfare, and the word ‘litigation means ‘ a legal action including all proceedings therein, initiated in a court of law with the purpose of enforcing a right or seeking a remedy . Thus , the expression public interest litigation or social interest litigation means “ a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected “. Spirited citizens for the enforcement of the constitution or legal rights. The public interest is in public interest litigation any public-spirited citizens can move/approach to the court for the public cause by filing a petition in the Supreme Court under Art.32 or in High Court under Art.226 of the constitution or under Sec. 133 Cr. P. C. before the court of Magistrate. The traditional rule of Locus Standi that a person whose right is infringed alone can file a petition, has been considerably relaxed and now the courts permit public interest litigation at the instance of public promoted by a spacious construction of locus standi in our socio-economic circumstances and conceptual latitude in a aryanismpermits taking liberties with individualization of the right to invoke the higher courts where the remedy is shared by a considerable number, particularly when they are weaker . Less litigation, consistent with fair process, is the aim of the adjective law.