Evolution of Public Interest Litigation in India | PIL
Public Interest Litigation - Our country has been just and liberal since the beginning. Justice, policy and religion have been its ideals and have tried to protect the rights of the individual. In the beginning, when there were no courts like the present, then the king used to act as the judge and he was considered as the fountain of justice. Justice of Vikramaditya and Jahangir are good examples of this.Evolution of Public Interest Litigation (PIL) in India - Gradually, the judiciary developed in the form of justice according to the circumstances and the aggrieved and aggrieved parties started coming to the court for justice. But still the aggrieved and aggrieved party remained away from justice due to many reasons - - To get justice, the victim or the aggrieved party had to appear in the court himself. - Due to the high cost of the judicial system, the aggrieved and aggrieved parties are unable to submit applications in the court. Due to which poverty has been considered as a big obstacle in the path of justice and - The aggrieved or aggrieved party started getting deprived of justice due to the long delay in getting justice. Because of which this saying is characteristic that - "The plaintiff dies, but the suit remains immortal." Concept of public interest litigation (PIL) - Due to all the above reasons, when the aggrieved or the aggrieved party or the common man started moving away from the judicial system, Then the lawmakers, jurists and social activists introduced the system of 'Lok Adalat' to remove these defects and avoid excessive delay and expenditure. Under this, work was done to settle the matters through mutual agreements and agreements and - By adding a new Article 39A in the Constitution, the 'Free Legal Aid' scheme was started, in this provision was made that the state would ensure such a system that no person is deprived of justice just because of poverty. In this way, the 'concept of public interest litigation' was developed for those people who are unable to go to the court due to poverty or any other reason. Read Also - Public Interest Litigation in India ArticleReasons for the origin and development of Public Interest Litigation in India (PIL) -(1) Constitution of India – Most of the credit for the origin and development of public interest litigation (PIL) goes to the Constitution of India. Many such arrangements have been made in our constitution, due to which the concept of public interest litigation has originated and developed; As - (2) Liberal theory of jurisdiction - The credit for the origin and development of public interest litigation also goes to the liberal interpretation of 'locus standi'. Only the aggrieved and aggrieved party can go to the court for the enforcement of their rights, this authority gradually started to end, in its place it was implemented that the matters related to the wider public interest should be taken to the court by any person, association or organization. can be visited and proceedings can be initiated. (3) Where there is right there is remedy - The origin and development of public interest litigation also goes to the formula "Where there is right there is remedy" (Ubi jus ibi remedium). It means that if there is a right then there is a remedy for it. No right is without remedy and cannot be, because without remedy the right is meaningless and meaningless.(4) Judicial activism - Judicial activism has also contributed in the development of the concept of public interest litigation. The speedy disposal of public interest cases by apex-courts also gives rise to the concept of public interest litigation.Such as environmental protection, water of Ganga, beauty of Taj Mahal, women-harassment, child-abuse, police atrocities, medical negligence etc. Apart from this, the courts have speeded up the administration of justice by considering clippings of letters, postcards and newspapers as writs. Because of which the contribution of judicial activism in the development of public interest litigation has been invaluable. (5) Liberal approach of judges - The liberal approach of judges has also been important in the origin and development of public interest litigation. Former Supreme Court Justice PN Bhagwati, Justice Krishna Iyer and former Rajasthan High Court Justice Gumanmal Lodha, Justice Dinkarlal Mehta etc. have actively contributed in this direction.Need for Public Interest Litigation (PIL) - - PIL were considered by the judges of the Supreme Court as a powerful tool to preserve the rule of law and ensure accountability and transparency within the structures of governance. - Public Interest Litigation (PIL) is available to the citizens of the country as a cheap legal remedy, at a nominal court fee. - Litigations filed through Public Interest Litigation (PIL) also focus on outcomes relating to larger public issues. - The importance of PIL is self-evident, especially in the field of human rights, consumer welfare and environment. Friends, if you liked the post then like and share. Read the full article