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Consider the following statements about the Public Interest Litigations (PILs).
1. It need not be filed by the aggrieved party only.
2. It may be introduced in suo moto by the court.
3. The provision of PILs is mentioned in the constitution of India.
Choose the correct answer using the codes below:
- a)1 and 2
- b)2 and 3
- c)1 and 3
- d)All of the above
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Consider the following statements about the Public Interest Litigatio...
- It was introduced by Justice P.N. Bhagwati of the Supreme Court.
- It was not mentioned in the constitution of India nor any law enacted by Parliament. It is a result of Judicial activism.
- An individual or group of people directly files public Interest Litigation in the supreme court.
- It was felt that the government undermines its interests. In such a situation, the court directly accepts the public good. It is a new legal horizon in which the court of law can initiate and enforce action to serve and secure significant Public Interest.
Most Upvoted Answer
Consider the following statements about the Public Interest Litigatio...
Explanation:
Introduction to Public Interest Litigation (PIL):
Public Interest Litigation (PIL) is a legal mechanism in India that allows individuals or organizations to file a petition in the court on behalf of the public interest. It is a tool to protect the rights and interests of the general public and bring about social change. PILs are an important aspect of India's judicial system and have played a significant role in addressing various social issues.
Statement 1: It need not be filed by the aggrieved party only.
This statement is correct. Unlike traditional litigation where only the aggrieved party can file a case, PIL allows any citizen or organization to file a petition on behalf of the public interest. PILs can be filed by individuals, social activists, NGOs, or even the court itself.
Statement 2: It may be introduced in suo moto by the court.
This statement is correct. Suo moto refers to a situation where a court takes up a case on its own without any formal request or petition from any party. In certain cases, where the court feels that there is a violation of fundamental rights or a matter of public importance, it can initiate a PIL on its own.
Statement 3: The provision of PILs is mentioned in the constitution of India.
This statement is incorrect. The provision of PILs is not specifically mentioned in the constitution of India. However, the concept of PILs has evolved through judicial interpretation of the fundamental rights enshrined in the constitution, particularly Article 32 which guarantees the right to constitutional remedies. The Supreme Court of India, in a series of landmark judgments, recognized the importance of PILs in upholding the rights of the people and ensuring access to justice.
Conclusion:
Based on the above explanation, we can conclude that statements 1 and 2 are correct, while statement 3 is incorrect. Therefore, the correct answer is option 'A' - 1 and 2.
Introduction to Public Interest Litigation (PIL):
Public Interest Litigation (PIL) is a legal mechanism in India that allows individuals or organizations to file a petition in the court on behalf of the public interest. It is a tool to protect the rights and interests of the general public and bring about social change. PILs are an important aspect of India's judicial system and have played a significant role in addressing various social issues.
Statement 1: It need not be filed by the aggrieved party only.
This statement is correct. Unlike traditional litigation where only the aggrieved party can file a case, PIL allows any citizen or organization to file a petition on behalf of the public interest. PILs can be filed by individuals, social activists, NGOs, or even the court itself.
Statement 2: It may be introduced in suo moto by the court.
This statement is correct. Suo moto refers to a situation where a court takes up a case on its own without any formal request or petition from any party. In certain cases, where the court feels that there is a violation of fundamental rights or a matter of public importance, it can initiate a PIL on its own.
Statement 3: The provision of PILs is mentioned in the constitution of India.
This statement is incorrect. The provision of PILs is not specifically mentioned in the constitution of India. However, the concept of PILs has evolved through judicial interpretation of the fundamental rights enshrined in the constitution, particularly Article 32 which guarantees the right to constitutional remedies. The Supreme Court of India, in a series of landmark judgments, recognized the importance of PILs in upholding the rights of the people and ensuring access to justice.
Conclusion:
Based on the above explanation, we can conclude that statements 1 and 2 are correct, while statement 3 is incorrect. Therefore, the correct answer is option 'A' - 1 and 2.
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Consider the following statements about the Public Interest Litigations (PILs).1. It need not be filed by the aggrieved party only.2. It may be introduced in suo moto by the court.3. The provision of PILs is mentioned in the constitution of India.Choose the correct answer using the codes below:a) 1 and 2b) 2 and 3c) 1 and 3d) All of the aboveCorrect answer is option 'A'. Can you explain this answer?
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