Q. Consider the following statements in reference to Public Interest Litigation (PIL):
Which of the following statements is/are correct?
Q. Consider the following statements in reference to Public Interest Litigation (PIL):
Which of the following statements is/are correct?
The correct option is C Both 1 and 2
Explanation:
Statement 1 is correct: Locus Standi means the legal capacity to approach the courts. The parties approaching the courts must have been aggrieved or deprived of their rights.The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people. Hence, the principle of locus standi has been diluted.
Statement 2 is correct: The Supreme Court of India and the High Courts have the right to issue PILs and not the district courts.
Additional Reading:
Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:
- In the Supreme Court under Article 32
- In the High Courts under Article 226
The court can treat a letter as a writ petition and take action on it. The court has to be satisfied that the writ petition complies with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court for redress. The court can also take action on the basis of newspaper reports if it is satisfied with the case.
Explanation:
Statement 1 is correct: Locus Standi means the legal capacity to approach the courts. The parties approaching the courts must have been aggrieved or deprived of their rights.The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people. Hence, the principle of locus standi has been diluted.
Statement 2 is correct: The Supreme Court of India and the High Courts have the right to issue PILs and not the district courts.
Additional Reading:
Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:
- In the Supreme Court under Article 32
- In the High Courts under Article 226
The court can treat a letter as a writ petition and take action on it. The court has to be satisfied that the writ petition complies with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court for redress. The court can also take action on the basis of newspaper reports if it is satisfied with the case.
