Public Interest Litigation: An Expression of Voice for the Sufferers of Silence

Abstract

Public Interest Litigation also popular by the name of Social Action Litigation or Class Litigation refers to a legal action, initiated before the court of law for the enforcement of interest of public. It is a weapon by which poor, helpless or disabled seek judicial redress by filing an application to the High Court under Article 226 or Supreme Court under Article 32 of the Indian Constitution. The concept is specie, of the epistolary jurisdiction. Public interest is not a characteristic of adversary litigation. Public interest litigation is a pro bono publico striking the conscience of the judiciary. Judiciary must be dynamic enough to interfere on matters resulting from the lapse of constitutional or statutory duties on part of the government. Moreover, every boon accompanies bane, thereby strict actions must result against the abusive conduct of those initiating frivolous public interest litigations. Public interest litigation is a blessing to the downtrodden, oppressed and weaker sections of the society. ‘Interest must be material or pecuniary interest to the public and not mere interest by way of curiosity.' Any public spirited person or association or group of such persons who have no personal interest in the matter, acting bonafide can file public interest litigation.