Justice Bhagwati in S.P. Gupta’s case pointed out the essentials of PIL, as under:
- There must be a legal wrong caused to a person or to a determinate class of person, on whom burden is imposed in violation of law or without legal authority.
- The wrong must arise from a violation of any constitutional or legal right.
- The wronged person (or determinate group of persons) must be unable to approach the court for relief by reason of –
- Poverty,
- Helplessness; or
- Social or economic disability or
- Socially or economically disadvantaged person.
- If the above conditions are satisfactory, then any member of the public can seek judicial relief for the above wrong.
- But the court should be anxious to ensure that the person initiated the proceeding to acting bonafide to get redress for a public grievance and not to pursue personal gains or from malicious motives.
- If the case is otherwise appropriate for PIL, then the court can act even on a letter addressed to it (SP Gupta Vs Union of India).
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