Tuesday, August 25, 2009

Public Interest Litigation(PIL)

Public Interest Litigation

  • Public Interest Litigation, in Indian law, means litigation for the protection of 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.
  • Public Interest Litigation is the power given to the public by courts through judicial activism.
  • The court can itself take cognisance of the matter and proceed suo motu or cases can commence on the petition of any public-spirited individual.

Origins Of PIL

  • Prior to the 1980s, only the aggrieved party could approach the courts for justice. However, post 1980s and after the emergency era, the apex court decided to reach out to the people and hence it devised an innovative way wherein a person or a civil society group could approach the supreme court seeking legal remedies in cases where public interest is at stake.
  • Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PIL's in the court.

Examples of PIL

  • The Bombay High Court on 31 August, 2006 directed the broadcasters to give an undertaking that they will abide by the Cable Television Network Act 1995 as well as the court's orders by tomorrow, in view of larger public interest.
  • RECENTLY A PIL HAS BEEN FILED IN GUJRAT HIGH COURT AGAINST THE GUJ GOV DECISION TO BAN JASWANT SINGH'S JINNAH BK