JUDICIAL ACTIVISM: SHAPING INDIAN CULTURE THROUGH PUBLIC INTEREST LITIGATION

 


By- Aarthi Prasanna &  Madhu Nisha. J, UG Law Students, Sastra Deemed to Be University, Thanjavur, Tamil Nadu

•Abstract

Public Interest Litigation (PIL) is a case or petition filed in a court to protect,defend or enforce public interest. Public interest means the interest or right belonging to the public, a particular section or group of people in the community. PIL is filed to resolve issues affecting the legal rights of the community or the general public to protect the collective interest of the society rather than the interests of individuals. It can be filed in the Supreme Court of India, the High Courts or the lower courts,or the lower depending on the nature and scope of the issue. PIL has become a powerful tool to ensure compliance with the legal obligations of the legislature and the executive. The primary objective of PIL is to ensure justice for all and promote human welfare. Public Interest Litigation (PIL) is not defined in any law or statute. It is filed in courts under the Constitution of India to protect public rights and promote general welfare. Article 32 allows citizens to file public interest litigation in the Supreme Court of India and Article 226 allows a person who is committed to public interest to file a public interest litigation in the High Court to promote public interest. The concept of PIL has its origins in the power of judicial review in India. PILs are filed by individuals who are not victims but are interested in public welfare and social improvement . Road safety, pollution, construction hazards, terrorism,street children, atrocities against women, exploitation of casual workers, bonded labour, non-payment of minimum wages to workers, adulteration of food,disruption of ecological balance, preservation of heritage and culture, etc. 

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