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When will the final result of SSC Combined graduate level
main exam 2006 publish?
What is the cut off mark for the General category in the
Combined graduate level main exam 2005?
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Answer Posted / p.k.misra
How to file a Public Interest Litigation (PIL)?
What is a PIL?
Public Interest Litigation (PIL) - litigation for public
interest. PIL was started to protect the fundamental rights
of people who are poor, ignorant or in
socially/economically disadvantaged position. It is
different from ordinary litigation, in that it is not filed
by one private person against another for the enforcement
of a personal right. The presence of 'public interest' is
important to file a PIL.
A PIL can be filed when the following conditions are
fulfilled:
- There must be a public injury and public wrong caused by
the wrongful act or omission of the state or public
authority.
- It is for the enforcement of basic human rights of weaker
sections of the community who are downtrodden, ignorant and
whose fundamental and constitutional rights have been
infringed.
- It must not be frivolous litigation by persons having
vested interests.
Who may file a PIL?
The Supreme Court (SC), through its successive judgements
has relaxed the strict rule of 'locus standi' applicable to
private litigation.
Any person can file a PIL provided:
He is a member of the public acting bona fide and having
sufficient interest in instituting an action for redressal
of public wrong or public injury.
He is not a mere busy body or a meddlesome interloper.
His action is not motivated by personal gain or any other
oblique consideration.
How to file a PIL:
A PIL may be filed like a write petition. However, in the
past the SC has treated even letters addressed to the court
as PIL. In People’s Democratic union v Union of India, a
letter addressed by the petitioner organization seeking a
direction against the respondents for ensuring observance
of the provisions of famous labour laws in relation to
workmen employed in the construction work of projects
connected with the Asian games was entertained as a PIL.
The SC has encouraged the filing of PIL for tackling issues
related to environment, human rights etc
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