Define the term public interest litigation and its objectives.

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Answer By law4u team

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to approach the judiciary to seek justice for matters of public concern. Unlike traditional litigation where the aggrieved party is directly involved, PIL is filed in the interest of the public or a particular community whose rights may be affected. The primary objective of PIL is to ensure that justice is accessible to those who may not be able to approach the court individually and to address issues that have broader public implications. Key features and objectives of Public Interest Litigation include: Broad Representation: PIL allows any citizen or organization to file a petition on behalf of the public or a particular group facing injustice or violation of rights. It broadens the scope of litigation beyond individual grievances. Access to Justice: PIL facilitates access to justice for marginalized or disadvantaged groups who may face barriers in approaching the court individually. It acts as a tool to protect the rights of the underprivileged and vulnerable sections of society. Judicial Activism: PIL often involves judicial activism, where the courts play a proactive role in addressing social issues and enforcing fundamental rights. The judiciary takes suo-motu cognizance of matters or intervenes in response to petitions, ensuring that justice is served in the broader public interest. Human Rights Protection: PIL is frequently used to address issues related to human rights violations, environmental concerns, public health, corruption, and other matters of public importance. It serves as a means to protect and enforce fundamental rights guaranteed by the constitution. Judicial Review: PIL allows the judiciary to review the actions of the government and other public authorities to ensure that they are in compliance with constitutional principles and the rule of law. It acts as a check on the abuse of power. Social Justice: One of the primary objectives of PIL is to promote social justice and equality. It enables the courts to intervene in cases where there is a denial of justice or unfair treatment to a section of society. Preventing Abuse of Power: PIL acts as a deterrent against the abuse of power by public officials and entities. It holds them accountable for their actions and decisions, ensuring transparency and fairness in governance. Legal Aid: PIL often involves providing legal aid or representation to those who cannot afford legal services. It ensures that even the economically disadvantaged can seek justice through the judicial system. Public Interest Litigation has played a crucial role in shaping the legal landscape in many countries, including India. It is seen as a tool for promoting social justice, upholding constitutional values, and addressing systemic issues that affect the public at large.

Answer By Anik

Dear client, Public interest litigation is the mechanism that allows the individuals or groups to file a public interest petition in courts to seek the redressal for the issues that are affecting the public at large. Through this process it empowers the common citizens to fight against the social injustices, government inaction or violations of constitutional rights. Legal framework in India: Article 32 and 226 of the Indian constitution: these two Articles empowers the supreme court and high court, respectively which issues writs for the enforcement of the fundamental rights of the citizens. The individuals have the right to file a public interest litigation to the supreme court and high court respectively. Judicial activism such that the court have played a crucial role in expanding the scope of the public interest litigation to cover the issues like environmental protection, human rights violations, and corruptions. Objectives of PIL: This concept makes it easy for the marginalized communities to seek justice without financial burdens. Encourages courts to intervene in the governance issues. Through the public interest litigation addresses the broader issues like pollutions, corruptions, and discrimination.it ensures that government bodies fulfill their constitutional duties. Impact of PIL in India: • It improved the access too justice for the low income and marginalized communities. • This strengthens the accountability mechanisms for the government institutions. • This concept of public interest litigations which enhanced the protection of fundamental rights through judicial intervention. • Through this process it encouraged citizens participation in governance and policy making. I hope this answer helps, in case of future queries please feel free to contact us. Thank you

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