12. PUBLIC INTEREST LITIGATION
1.
Public Interest
Litigation (P.I.L. ) means a Legal action initiated in court of law for
enforcement of public interest or general interest in which the public or class
of community has pecuniary interest or have some interest because it affect
their legal right or liabilities.
2.
The meaning
& concept of P.I.L. has been deeply surveyed & explained not only by
judicial pronouncement but also by eminent judges, jurists, lawyers etc.
3.
The P.I.L. aims
to provide an effective remedy to poor, weak & illiterate persons to
enforce their rights & interests.
4.
Today vast
revolution is taking place in judicial process, the law is changing &
problems of poor are coming to the front. Thus court has to innovate new
methods & new strategies for the purpose of providing access to justice to
large masses of people who are denied their basic human rights.
5.
Ordinarily the
person whose fundamental or other right has been violated may file petition for
the enforcement thereof. This rule is called as Rule of “Locus Standi”. The
traditional rule of Locus Standi is that person who comes to the court must sow
that he has himself suffered a legal injury. Only a person aggrieved can bring
an action in court for relief.
6.
The Rule of
Locus Standi has an exception i.e. P.I.L. The
rule of Locus Standi is applicable to private litigation. P.I.L. is the
most popular litigation
7.
P.I.L. is filed
for enforcement of public duties. In case of PIL any person having sufficient
interest filed suit or litigation. He filed such litigation not for his
personal gains or political motive.
8.
Supreme Court
has finally established rule of PIL. The Court held that any member of public
having sufficient interest can approach to court for enforcement of his right.
9.
In P.I.L.
Applicant shall have sufficient interest means the person has not acted
malafide or political motive but acted with public motive.
10.
P.I.L. means for
the enforcement of fundamental or legal rights of persons who because of their
poverty & illiteracy are unable to apply or approach to court for relief.
11.
The Object of
PIL is to enforce the Constitutional rights of person who’s rights are violated
& they are by nature poor & illiterate & thus unable to file the
suit or demand the remedies.
12.
PIL is governed
under law of The Constitution of India.
No.
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PUBLIC INTEREST LITIGATION
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PRIVATE INTEREST LITIGATION
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1
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It is rule of General Standi
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It is a rule of Locus Standi
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2
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In such Litigation, the Person on
behalf of the Public, who has sufficient interest & acting bonafide may
file the suit.
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In such Litigation, the Person
whose Fundamental Right or Legal Right has been Violated may file the Suit.
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3
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In such case, Suit can be filed
only before High Court under Article 226 & Supreme Court under Article
32.
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In such case, suit can be filed
before any court of law.
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4
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In such case, Court fee is not
required.
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In such case, Plaintiff has to pay
Court fees according to valuation of Suit.
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5
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The decision of Court is binding
generally.
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Decision of Court is binding on
concern Parties only.
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6
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There is no limitation for preferring an appeal to appellate
Court.
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Aggrieved Party has to prefer an
appeal within limitation.
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7
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Adversial procedure is not followed
by Court.
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Adversial procedure is strictly
complied with.
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8
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Litigation cannot be filed for
personal gain or political motive.
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Litigation can only be filed for
personal motive or benefits.
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