Admisintrative law
tridisha roy
(Querist) 18 January 2014
This query is : Resolved
i just want to how public interest litigation differs from private litigations
Devajyoti Barman
(Expert) 18 January 2014
Sorry, no academic query.
Read book, it is all there.
malipeddi jaggarao
(Expert) 18 January 2014
A Public Interest Litigation is different from ordinary litigation. It is not filed by a private person against another for enforcement of a personal right. The PIL is a device to protect the fundamental rights of the citizens who are in disadvantaged position, ignorant and poor and can not afford to meet the expenses of litigation. It is for the enforcement of basic human rights of weaker sections and whose fundamental & constitutional rights have been infringed by the wrongful act or omission of the State or Public Authority. The most important factor for filing PIL is presence of “Public Interest”. It must not be frivolous litigation by persons having vested interests. A PIL can be filed by any citizen if he is a member of the public acting bona fide and having sufficient interest in instituting an action for redress of public wrong or public injury; he is not a mere busy body who interferes in other people’s affairs, especially for selfish reasons, his action is not motivated by personal gain or any other oblique (indirect) consideration.
The birth of PIL in India took place by modifying the traditional requirements of locus standi, liberalizing the procedure to file writ petitions, creating or expanding Fundamental Rights, overcoming evidentiary problems, and evolving innovative remedies. Among all, modification of the traditional requirement of standing was sine qua non for the evolution of PIL. The need was more pressing in a country like India where a great majority of people were either ignorant of their rights or were too poor to approach the court. Realizing this need, the Court held that any member of public acting bona fide and having sufficient interest has a right to approach the court for redress of a legal wrong or legal injury.
A PIL may be filed like a write petition. The Supreme Court/High Court can treat even letters addressed to the court as PIL. It can be filed for the public cause/public welfare by filing a petition:
1. under Art.32 of the Constitution in SC;
2. under Art.226 of the Constitution in HC and
3. under Sec.133, Cr. P.C. in the Court of Magistrate.
Guest
(Expert) 18 January 2014
In addition to above the person who is filing the PIL should mention atleast one public authority as Respondent.
R.K Nanda
(Expert) 18 January 2014
PIL IS FILED IN THE INTEREST AND BENEFIT OF PUBLIC WHILE PRIVATE WRIT/SLP IS FILE BY PRIVATE PERSON TO GET RELIEF FOR HIMSELF.
T. Kalaiselvan, Advocate
(Expert) 18 January 2014
Though Mr. Malipedi Rao has given an elaborate reply and is really appreciable, it is Mr. Nanda's reply which is an answer to the point. I endorse both the views.
Guest
(Expert) 18 January 2014
I would prefer to know as a lay man how the Mr.Jaggarao 's reply is irrelevant to the querist
Dr J C Vashista
(Expert) 19 January 2014
1. Academic query.
2. Sh. Malipeddi Jaggarao has given an elaborate reply I appreciate, however, I endorse Sh. Nanda's reply, an answer to the point.
ajay sethi
(Expert) 19 January 2014
academic query
V R SHROFF
(Expert) 19 January 2014
no academic query here , pl
EXPERTS PL KEEP UP OUR/ YOUR POLICY.
DEVIATION MAY COST US A LOT.
Devajyoti Barman
(Expert) 22 January 2014
I am short of breath of telling experts here that we should refrain from replying academic query which had been doing for long until recently but it appears few do not agree with me.
