Public interest Litigation: Who can file it and on what basis can it be rejected by the court of Law?

ADVERTISEMENTS:

The concept of Public interest litigation in India was propounded by the Supreme Court in an important Judgement in the Judge’s transfer’s case. Since then, it has become one of the important weapons in the hands of higher judiciary to enforce the legal and constitutional obligation of executive and legislature towards the interest of the public at large.

The concept of PIL has emanated from the power of judicial review enjoyed by the higher courts in India.

A PIL can be filed by any publicly spirited individual or organization on behalf of the aggrieved and afflicted persons. Even a postcard can be treated as a writ petition.

ADVERTISEMENTS:

This PIL is basically for group interest and not for the individual interest. Thus Supreme Court or High Court can reject if it is intended to mean for individual.

Again if on hearing the petition, the court finds that no right of the person of the group of persons is violated, it can reject the public interest Litigation.

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