Public Interest litigations are filed for the benefit of the community or a group of people. This article tells you about the Benefits of PIL for society!
Public interest litigation” is defined as public interest litigation. In India, Article 32 of the Constitution contains provisions for public participation in justice. A Public Interest Litigation (PIL) can be brought in court on its own, not before an aggrieved party or any other third party. How Can The Pil Be Beneficial To Society
In such proceedings, the right to bring an action is granted by the member or the court by judicial action. Members of the public can be non-governmental organizations (NGOs), institutions or individuals.
If you as an individual or as a part of an organization, feel that the rights of a group of citizens are being violated you have the right to file a PIL. If you are unaware of the exact procedure, Vakilsearch can help you with that. They will ensure that you understand everything step by step and also help you during the process.
What is Public Interest litigation?
A Public Interest Litigation in India is a claim made to a high court or a supreme court to enforce a fair and equitable public interest. These will be brought up by any citizen who lacks the legal force to document such cases. Legal authorities such as Non-Governmental Organizations (NGOs) and voluntary organizations are involved in affecting large numbers of people when they believe that the legal process is being abused or that there is good reason to overthrow government agencies or private entities.
For example, Nav Nirman Trust v. Union of India was brought against Parliament’s creation of state assets through statutory powers enacted without parliamentary involvement. It ruled that article information under Article 14 was arbitrary.
Situations Where a PIL can be Filed
PILs can be filed in any court of law and do not require the permission of the government concerned. However, since most PILs are filed with courts located within India’s federal structure. You can file a Public Interest Litigation in any of the following situations:
- In case of violation of fundamental rights or moral rights, a citizen is allowed to file a Public Interest Litigation.
- If the poor or weaker section of society is being exploited and their fundamental rights are being violated, a PIL can be filed on their behalf.
- If the municipal authorities are not performing their duties properly a public interest litigation can be filed against them which will ensure that their duty towards the public is deported.
- If any central or state government policy is not being executed, public interest litigation can be filed to ensure the execution in the public interest.
Public interest litigation is a big advantage for common citizens of the country, tribal communities and the weaker section of society. It allows them to stand up for themselves against fundamental rights violations, it also allows them to demand government benefits meant for them. Filing a public interest litigation is an important step and must be done with utmost care. Vakilsearch can help you if you’re planning to file a PIL.
Benefits of Public Interest Litigation
Public interest litigants seek relief from public bodies in order to protect their rights and interests. They may be individuals or groups of people like NGOs, associations, non-governmental organizations (NGOs), political parties etc.
- It gives people who have been wronged by government actions a chance to present their case before the highest court in India. Citizens of India can file a Public Interest Litigation against the government itself which represents the democracy of our nation.
- Public interest litigants can initiate cases on behalf of themselves or others such as children, women, minorities etc., against any government authority including the state government and central government departments.
- The main objective behind initiating a case under public interest litigation is to enforce constitutional guarantees which guarantee basic rights and freedoms like the right to life and livelihood.
- Public Interest Litigation helps in the social growth of society and the country. PIL is filed for the benefit of a large group of people or a community. When people’s rights are being protected it helps in social growth.
- A person can bring a case in court to protect the interest of society, which may be affected by an act or omission of public authorities. This gives the citizens of the country an opportunity to fight for their rights.
- In India, PILs are used as tools to protect human rights and fundamental freedoms. If any law by the government or the legal authorities threatens human rights, a PIL can be filed against it.
- Public Interest Litigation is a crucial tool to make sure that laws are being followed and people’s rights are not being violated.
Disadvantages of PIL
PIL has brought many changes to the Indian legal system. It has been a successful phenomenon for decades. But at the moment the concept has started to deteriorate as people have been caught abusing it. The main reason PIL is abused is the easy-to-use system.
The development of PIL also exposed its pitfalls and deficiencies. As a result, the Supreme Court itself was forced to issue specific guidelines to regulate the management and disposal of PIL. And as use expands and diversifies, so does the abuse of IRG.
More recently, many PIL activists in the country have found PIL to be a convenient tool for harassment, as trivial cases can be brought without the high court fees of a private civil lawsuit, and then negotiated with victims living in so-called PIL orders received. Just as weapons used in defense can be equally effective in attack, demotion requirements allow private interests to masquerade as public interests.
Conclusion
Public Interest Litigation (PIL) is a type of litigation in which the litigant seeks to have an existing law declared unconstitutional or otherwise nullified. PILs are often used by individuals and organizations who seek to challenge government policies, decisions, laws or actions that they believe violate their rights.
If you decide to file a PIL and wish to learn more about it, you can contact Vakilsearch. It is important to know about the legal rules and regulations before filing a PIL. Vakilsearch has a team of legal professionals who will tell you all about Public Interest Litigation. You will know all about the PIL filing process step by step.
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