The strategy of Public Interest Litigation (PIL) has been developed to bring
justice within easy reach of the poor and disadvantaged sections of the
community. The grievances in a PIL action concern the legality and relevance of
any state action in relation to constitutional or other statutory rights of
segments of society, and in certain circumstances, the conduct of the government
itself. The relief granted is generally corrective rather than compulsory in
nature, looking towards the future. The court in this regard plays a positive
role in furtherance of justice, instead of merely declaring the rights of
parties. In this process, it often seeks the assistance of expert panels,
commissions, advisory committees, etc.
Financial or economic decisions taken by the government in the exercise of its
administrative powers cannot be challenged in a PIL unless they violate Article
21 of the Constitution and the adversely affected persons are unable to approach
the court. The decision to divest a Public Sector Undertaking is purely an
administrative decision relating to the economic policy of the state and cannot
be challenged within the parameters of PIL by a busybody.
However, a petition seeking judicial review of a government action that is
against public interest and benefits private parties would be maintainable.
When the judicial process is sought for a legal injury suffered by a person or
class of persons who, by reason of poverty or economic disadvantage, are unable
to move the court, a letter drawing the court's attention to such a legal injury
or wrong could be entertained as a writ petition. Public Interest Litigation is
not adversarial litigation undertaken to hold the government or its officers
responsible for reparation. Instead, this litigation process involves a
collaborative and cooperative effort by the state government and its officers,
the lawyers appearing in the case, and the bench, with the purpose of making
human rights meaningful for the weaker sections of the community.
Written By: S Kundu & Associates
Email:
[email protected], Ph No: +9051244073
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