Public Interest Litigation: Origin, Nature and Development

Authors:

Adv. Anil Chugh,

Dr. Pravin Kumar Chauhan

Pages: 15-19

Abstract:

The Supreme Court's Greatest Gift Is The PIL And It Is Here To Stay, Whatever Critics May Say. Without PILs, corruption, nepotism and bias in executive actions will remain unchallenged. Courts must maintain a constant vigil, otherwise, all rights secured to citizens under our constitution will become worthless. The Constitution of India promises to secure to all its citizens, justice – social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and opportunity; and to promote among them all, fraternity, assuring the  dignity of the individual. These are the fundamental goals of our constitution.

PIL is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism The court can itself take cognizance of the matter and proceed suo motu or cases can commence on the petition of any public-spirited individual. This paper makes an attempt to understand the origin, nature and development in the area of Public Interest Litigation.