Question

Under which Article of the Constitution of India, a Public Interest Litigation (PIL) can be filed before the Supreme Court?
1. 32
2. 51-A
3. 9
4. 34

Answer 1

Correct Answer - Option 1 : 32

The correct answer is 32.

• Public Interest Litigation (PIL) is litigation filed in a court of law, for the protection of “Public Interest”.
  • Public Interest Litigation (PIL) is the chief instrument through which judicial activism has flourished in India.
  • It is filed for the protection of public interest such as pollution, terrorism, road safety, etc.
  • The concept of Public Interest Litigation originated in America.
  • It is originated in the mid-1980s.
  • It is not defined in any statute or in any act.
  • The seeds of the concept of PIL were initially sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamagar vs. Abdul Thai.
  • The first reported case of PIL was Hussainara Khatoon vs. the State of Bihar in 1979.
  • A new era of the PIL movement was heralded by justice P.N. Bhagawati in the case of S.P.Gupta vs. Union of India.
  • Any citizen can file a public case by filing a petition:
  • 1. Under Article 32 of the Constitution, in the Supreme Court.
  • 2. Under Article 226 of the Indian Constitution, in the High Court.
  • 3. Under Sec. 133 of the Criminal procedure code, in the court of Magistrate.
  • The famous Sunil Batra vs. Delhi Administration (1980) case was one of the pioneers of Public Interest Litigation in India.
  • It is the power given to the public by courts through judicial activism.
• Public Interest Litigation will help us to:
  • Clarify the laws.
  • Develop the law by giving judges the opportunity to interpret legislation.
  • Give vulnerable people a voice by highlighting an important issue and providing a platform for advocating for their rights.
  • Raise awareness of important issues encouraging public debate and media coverage.