A dispensing mechanism ousted the formal legal system: Public Interest litigation
Public interest litigation is a concept of recent origin evolved by the supreme court on the plinth of equal justice by giving liberal interpretation to the long standing rigid concept of locus standi. The supreme court advocated for social justice for the poor by the way of public interest litigation and court devised the new tool for mitigating the suffering of poor people.
Article 39A of the constitution mandates that the state shall secure the operation of the legal system promote justice, on the baisis.
The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349)
Supreme Court in Indian Banks’ Association, Bombay and ors v. M/s Devkala Consultancy Service and Ors., J. T. 2004 (4) SC 587, held that “In an appropriate case, where the petitioner might have moved a court in her private interest and for redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice. Thus a private interest case can also be treated as public interest case”
PIL as an Instrument of Social Change
PIL is working as an important instrument of social change. It is working for the welfare of every section of society. It’s the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an...
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