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With reference to Public Interest Litigation (PIL), consider the following statements:
Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India.
Only an aggrieved person can file complaint against violation of his rights under a PIL.
Public Interest Litigation is not defined in the Constitution or any statute in India.
Which of the statements given above is/are correct?
- a)1 and 3 only
- b)2 and 3 only
- c)1 only
- d)1, 2 and 3
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
With reference to Public Interest Litigation (PIL), consider the foll...
- The concept of Public interest litigation originated and developed in USA in 1960s. However in India, In India, the PIL was introduced in the early 1980s and Justice V.R. Krishna Iyer and Justice P.N. Bhagwati are considered as the pioneers of the PIL.
- The Supreme Court has defined the PIL as “a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. It is the power given to the public by courts through judicial activism.
- However, Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed. For e.g.
- Bonded labour matters
- Neglected children
- Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases)
- Petitions against police for refusing to register a case, harassment by police and death in police custody
- Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping, etc. Hence statement 3 is correct.
- The aggrieved person can himself file the PIL.
- 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.
- Any person can apply to the court on behalf of those who are economically or physically unable to raise their concern. However, it should be based on public interest not for the individual benefit.
- Any public spirited person even a foreigner (Foreigners who reside in India or visiting India on visas also have certain constitutional and statutory rights) can file a PIL on behalf of others but this is necessary that only the person who is filing a PIL should not get benefit. Hence statement 1 is correct.
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With reference to Public Interest Litigation (PIL), consider the foll...
Understanding Public Interest Litigation (PIL)
Public Interest Litigation (PIL) serves as a crucial mechanism in India for addressing issues that affect the public interest. Let's analyze the statements provided:
Statement 1: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India.
- This statement is correct. The Supreme Court of India allows any person, including foreign citizens, to file a PIL if they seek to address a matter of public interest. This broadens access to justice and encourages the protection of fundamental rights.
Statement 2: Only an aggrieved person can file a complaint against violation of his rights under a PIL.
- This statement is incorrect. Unlike traditional litigation, where only an aggrieved party can approach the court, PILs can be filed by any individual or organization acting in the interest of the public. The intent is to make justice accessible for those who may not be able to approach the court themselves.
Statement 3: Public Interest Litigation is not defined in the Constitution or any statute in India.
- This statement is correct. PIL is a judicial innovation and does not have a defined framework within the Constitution or any specific legislation. It emerged through judicial activism, particularly by the Supreme Court, to facilitate the enforcement of rights and justice.
Conclusion
Based on the analysis, the correct option is A: 1 and 3 only. This reflects the essence of PILs and their role in enhancing access to justice in India.
Public Interest Litigation (PIL) serves as a crucial mechanism in India for addressing issues that affect the public interest. Let's analyze the statements provided:
Statement 1: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India.
- This statement is correct. The Supreme Court of India allows any person, including foreign citizens, to file a PIL if they seek to address a matter of public interest. This broadens access to justice and encourages the protection of fundamental rights.
Statement 2: Only an aggrieved person can file a complaint against violation of his rights under a PIL.
- This statement is incorrect. Unlike traditional litigation, where only an aggrieved party can approach the court, PILs can be filed by any individual or organization acting in the interest of the public. The intent is to make justice accessible for those who may not be able to approach the court themselves.
Statement 3: Public Interest Litigation is not defined in the Constitution or any statute in India.
- This statement is correct. PIL is a judicial innovation and does not have a defined framework within the Constitution or any specific legislation. It emerged through judicial activism, particularly by the Supreme Court, to facilitate the enforcement of rights and justice.
Conclusion
Based on the analysis, the correct option is A: 1 and 3 only. This reflects the essence of PILs and their role in enhancing access to justice in India.
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With reference to Public Interest Litigation (PIL), consider the following statements: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India. Only an aggrieved person can file complaint against violation of his rights under a PIL. Public Interest Litigation is not defined in the Constitution or any statute in India. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)1 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer?
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With reference to Public Interest Litigation (PIL), consider the following statements: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India. Only an aggrieved person can file complaint against violation of his rights under a PIL. Public Interest Litigation is not defined in the Constitution or any statute in India. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)1 onlyd)1, 2 and 3Correct answer is option 'A'. 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 With reference to Public Interest Litigation (PIL), consider the following statements: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India. Only an aggrieved person can file complaint against violation of his rights under a PIL. Public Interest Litigation is not defined in the Constitution or any statute in India. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)1 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Public Interest Litigation (PIL), consider the following statements: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India. Only an aggrieved person can file complaint against violation of his rights under a PIL. Public Interest Litigation is not defined in the Constitution or any statute in India. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)1 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer?.
With reference to Public Interest Litigation (PIL), consider the following statements: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India. Only an aggrieved person can file complaint against violation of his rights under a PIL. Public Interest Litigation is not defined in the Constitution or any statute in India. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)1 onlyd)1, 2 and 3Correct answer is option 'A'. 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 With reference to Public Interest Litigation (PIL), consider the following statements: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India. Only an aggrieved person can file complaint against violation of his rights under a PIL. Public Interest Litigation is not defined in the Constitution or any statute in India. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)1 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to Public Interest Litigation (PIL), consider the following statements: Any Indian as well as foreign citizen can file a Public Interest Litigation in the apex court in India. Only an aggrieved person can file complaint against violation of his rights under a PIL. Public Interest Litigation is not defined in the Constitution or any statute in India. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)1 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer?.
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