Abstract
Public Interest Litigation is the highly effective weapon in the armory of law for reaching social justice to the common man. It plays a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation. It was designed to serve the purpose of protecting rights of the public at large through vigilant action by public spirited persons and swift justice. PIL could also contribute to good governance by keeping the government accountable. But the profound need of this tool has been plagued with misuses by persons who have been filing PILs just for the publicity and those with vested political interests. It is an undemocratic, unrealistic and dangerous tendency which is to be impeded by our judicial attitude. Steps and reasonable care should be taken to make sure that PIL essentially remains public interest litigation and should not be empowered to get corrupted into becoming a political interest litigation or publicity interest litigation. The misuse of PIL will stop when the courts are vigilant and the challenge is for the state to prolong a balance in allowing legitimate PIL cases and discouraging waggish ones.
Highlights
Public interest litigation, itself says that this is litigation for any public interest
According to the jurisprudence of Article 32 of the constitution of India, “the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is
The concept of Public Interest litigation originated in the United States of America in late Nineteenth century in Gideon v Wain Wright, 372 NS335(1963)
Summary
Itself says that this is litigation for any public interest It is a legal action initiated in a court of law for the enforcement of public interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights and liabilities were affected. It was a revolutionary concept initiated with the appreciable objective. It has been interpreted by judge to consider the intent of public at large This is just like a writ petition which is file in high court or Supreme Court under article 226 for high court and article 32 for Supreme Court. “An individual, in promoting his own interest, may injure the public interest; a nation, in promoting the general welfare, may check the interest of a part of its members” Friedrich List
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