Question

Which of the following statements is/are correct regarding Public Interest Litigation (PIL)?

1. It has been borrowed from American jurisprudence.

2. It is not defined in any statute or in any act. 

3. It is an important instrument of social change.

1. 1 only
2. 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer 1

Correct Answer - Option 4 : 1, 2 and 3

The correct answer is 1, 2 and 3.

• Public Interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”.
• Justice V. R. Krishna Iyer and Justice P.N. Bhagwati are responsible for its evolution.
• Any matter where the interest of the public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.
• In 1979, the Court set the trend when it decided to hear a case where the case was filed not by the aggrieved persons but by others on their behalf.
  • As this case involved a consideration of an issue of public interest, it and such other cases came to be known as public interest litigations. 
• It has been borrowed from American jurisprudence. Hence statement 1 is correct.
• It is not defined in any statute or in any act. Hence statement 2 is correct.
  • It has been interpreted by judges to consider the intent of the public at large.
• It 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.
• The aim of PIL is to give to the common people access to the courts to obtain legal redress.
• It is an important instrument of social change. Hence statement 3 is correct.
• It democratises the access of justice to all.