PIL: Public Interest Litigation

PIL (Public Interest Litigation)

In Indian Law Public Interest Litigation, means the litigation for public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Article 32 of the Indian constitution contains a tool which directly joins the public with judiciary. A PIL may be introduced by the court itself using suo moto. NGOs and other members of the public can file a PIL through Judicial Activism. PIL is a rule of declared law by the courts of record. Public interest litigation or

In Supreme Court under Art.32 of the Constitution;

2. In High Court under Art.226 of the Constitution; and

3. In the Court of Magistrate under Sec.133, Cr. P.C.

Justice Krishna layer fertilizer Corporation Kamgar Union vs. Union of India, (1981) enumerated the following reasons for liberalization of the rule of Locus Standi:-

1. Exercise of State power to eradicate corruption may result in unrelated interference with individuals’ rights.

2. Social justice wants liberal judicial review administrative action.

3. Restrictive rules of standing are antithesis to a healthy system of administrative action.

4. “Activism is essential for participative public justice”.

Therefore, a public minded citizen must be given an opportunity to move the court in the interests of the public.

Separation of Power

The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government namely legislature, executive and judiciary. The origin of this principle goes back to the period of Plato and Aristotle. It was Aristotle who for the first time classified the functions of the Government into three categories viz., deliberative, magisterial and judicial Locks categorized the powers of the Government into three parts namely: continuous executive power, discontinuous legislative power and federative power. “Continuous executive power” implies the executive and the judicial power, discontinuous legislative power‟ implies the rule making power, federative

Enacting new laws is the power of legislative but while giving precedents in the judgment the Judges make new laws which according to the separation of power is a violation of