The idea of the Public Interest Litigation was given by whom?a)Preside...
The idea of Public Interest Litigation (PIL) was given by the Supreme Court of India.
Public Interest Litigation (PIL) is a legal mechanism that allows individuals or organizations to file a lawsuit on behalf of the public interest, seeking justice for a larger section of society. It is an important tool for ensuring access to justice and upholding the principles of democracy.
Origin of Public Interest Litigation:
The concept of PIL originated in the United States, where it was first introduced as a means to address social and civil rights issues. The Indian legal system also adopted this concept to provide a platform for ordinary citizens to raise concerns related to the violation of their fundamental rights.
In India, the idea of PIL was first introduced by the Supreme Court in the early 1980s. The court recognized the need for a mechanism that would enable citizens to seek redressal of grievances pertaining to matters of public interest. The aim was to empower the marginalized and underprivileged sections of society who often face difficulties in accessing the formal justice system.
The Supreme Court's contribution:
The Supreme Court of India played a crucial role in the development and popularization of PIL. The court expanded the scope of Article 32 of the Indian Constitution, which provides the right to move the Supreme Court for the enforcement of fundamental rights. It interpreted Article 32 liberally to include not only individual rights but also the collective rights of a larger section of society.
The Supreme Court recognized that in certain cases, individuals or organizations may not have a direct personal interest but may be filing a case in the larger public interest. The court acknowledged the importance of social justice and the need to protect the rights of the marginalized and vulnerable sections of society.
Impact and significance of PIL:
The introduction of PIL has had a profound impact on the Indian legal system. It has allowed citizens to raise important issues that were previously neglected or ignored, leading to significant social and legal reforms. PIL has been instrumental in bringing about changes in various areas such as environmental protection, human rights, women's rights, child rights, and corruption.
PIL has also helped in making the judiciary more accessible and responsive to the needs of the people. It has provided a platform for citizens to voice their concerns and seek justice when traditional avenues may not have been available or effective. PIL cases are often taken up by the media, leading to increased public awareness and debate on important social issues.
In conclusion, the idea of Public Interest Litigation (PIL) was given by the Supreme Court of India. PIL has emerged as a powerful tool for promoting social justice, protecting the rights of the marginalized, and ensuring accountability in governance. Its impact and significance in shaping the Indian legal landscape cannot be overstated.
The idea of the Public Interest Litigation was given by whom?a)Preside...
- While the courts are available for all, in reality access to courts has always been difficult for a vast majority of the poor in India.
- Legal procedures involve a lot of money and paperwork as well as take up a lot of time.
- For a poor person who cannot read and whose family depends on a daily wage, the idea of going to court to get justice often seems remote.
- In response to this, the Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice.
- It allowed any individual or organisation to file a PIL in the High Court or the Supreme Court on behalf of those whose rights were being violated.
- The legal process was greatly simplified and even a letter or telegram addressed to the Supreme Court or the High Court could be treated as a PIL.
Hence, we can conclude that the idea of the Public Interest Litigation was given by Supreme Court of India.
To make sure you are not studying endlessly, EduRev has designed BPSC (Bihar) study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in BPSC (Bihar).