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Consider the following statements regarding Public Interest Litigation (PIL):
1. Under PIL, courts take litigations from those parties that are affected directly or indirectly however, not on suo-moto basis.
2. Landlord–tenant matters can be settled through PIL.
3. To avoid misuse of the PIL, Court should be fully satisfied that substantial public interest is involved before entertaining the petition.
Which of the above statements is/are correct?
  • a)
    1 and 2 only
  • b)
    2 and 3 only
  • c)
    3 only
  • d)
    1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Consider the following statements regarding Public Interest Litigation...
Statement 1 is incorrect: Courts can also take Suo Moto cognizance of the matter.
Statement 2 is incorrect: Landlord– tenant matters cannot be settled through PIL.
Public Interest Litigation (PIL)
  • The introduction of PIL in India was facilitated by the relaxation of the traditional rule of ‘locus standi’. According to this rule, only that person whose rights are infringed alone can move the court for the remedies, whereas, the PIL is an exception to this traditional rule. In PIL, any member of the public having ‘suffi cient interest’ can approach the court for enforcing the rights of other persons and redressal of a common grievance.
  • The judiciary, including Supreme Court, entertained litigation from those parties that were affected directly or indirectly by it. It means that even people, who are not directly involved in the case, may bring to the notice of the Court matters of public interest. Courts can also take Suo-Moto cognizance of the matter.
The cases falling under the following categories will not be entertained as PIL:
  • Landlord–tenant matters
  • Service matter and those pertaining to pension and gratuity
  • Complaints against Central/State Government departments and Local Bodies.
  • Admission to medical and other educational institution
  • Petitions for early hearing of cases pending in High Courts and Subordinate Courts
Supreme Court laid down the following guidelines for checking the misuse of the PIL:
  • The court must encourage genuine and bona fide PIL and effectively discourage and curb the PIL field for extraneous considerations.
  • Instead of every individual Judge devising his own procedure for dealing with PIL, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL fil ed and discouraging PIL filed with oblique motives.
  • The Court should prima facie verify the credentials of the petitioner before entertaining the PIL.
  • The Court shall be prima facie satisfied regarding the correctness of the contents of petition before entertaining the PIL.
  • The Court should be fully satisfied that substantial public interest is involved before entertaining the petition.
  • The Court should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions.
  • The Court before entertaining the PIL must ensure that the PIL is aimed at redressal of genuine public harm and public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing PIL.
  • The Court should also ensure that the petition filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations.
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Consider the following statements regarding Public Interest Litigation (PIL):1. Under PIL, courts take litigations from those parties that are affected directly or indirectly however, not on suo-moto basis.2. Landlord–tenant matters can be settled through PIL.3. To avoid misuse of the PIL, Court should be fully satisfied that substantial public interest is involved before entertaining the petition.Which of the above statements is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements regarding Public Interest Litigation (PIL):1. Under PIL, courts take litigations from those parties that are affected directly or indirectly however, not on suo-moto basis.2. Landlord–tenant matters can be settled through PIL.3. To avoid misuse of the PIL, Court should be fully satisfied that substantial public interest is involved before entertaining the petition.Which of the above statements is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding Public Interest Litigation (PIL):1. Under PIL, courts take litigations from those parties that are affected directly or indirectly however, not on suo-moto basis.2. Landlord–tenant matters can be settled through PIL.3. To avoid misuse of the PIL, Court should be fully satisfied that substantial public interest is involved before entertaining the petition.Which of the above statements is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding Public Interest Litigation (PIL):1. Under PIL, courts take litigations from those parties that are affected directly or indirectly however, not on suo-moto basis.2. Landlord–tenant matters can be settled through PIL.3. To avoid misuse of the PIL, Court should be fully satisfied that substantial public interest is involved before entertaining the petition.Which of the above statements is/are correct?a)1 and 2 onlyb)2 and 3 onlyc)3 onlyd)1, 2 and 3Correct answer is option 'C'. Can you explain this answer?.
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