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Public interest litigation in India: An overview

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Author: 
Dr. Lora Aptaprava
Page No: 
7632-7634

The concept "Public Interest" means the larger interests of the public, general benefit and interest of the masses and the word “Litigation” means "a legal action including all proceedings taken in a court for the purpose of seeking a remedy and enforcing rights and claims.” Interest shared by the citizens generally in the affair of local, state or national government. Those matters which deal public at large public interest litigation is filed which are having any pecuniary interest or which affects their legal rights or liability. It is the power given to the public for the protection of their interest through judicial activism by the court. Such affordable litigation can be seen as a cheapest legal aid because of the nominal court fees involved in this. It deals with any public matter or issue related to the removal of some public grievance, consumer welfare, environment, and human rights.  In respect to this, Judicial activism also plays an important role in the relaxation of the traditional rule of “locus standi” in which a person alone can file a petition for the infringement of his rights.  In such situation the court allows PIL for the enforcement of rights, any citizen can move to the court for the public welfare, by filing a petition. Public interest litigation can be seen as an affordable legal aid because of the nominal court fees involved in this. It deals with any public matter or issue related to the removal of some public grievance, consumer welfare, environment, and human rights. Judicial activism plays an important role in the relaxation of the traditional rule of “locus standi” in which a person alone can file a petition for the infringement of his rights. Now the court permits PIL for the enforcement of rights, any citizen can move to the court for the public welfare, by filing a petition. In the landmark case, Justice P. N. Bhagwati stated: - “PIL is a cooperative or collaborative effort on the part of the petitioner, the state or public authority and the courts to secure observance of the constitutional or legal rights, benefits conferred upon the vulnerable section of the community and to reach social justice to them”.

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