Public interest, in simple words, means, and lawsuit submitted in a court of law, for the security of Public Interest, for example, contamination, Terrorism, Road safety, constructional hazards etc. Public interest litigation is not defined in any act or in any statute. The only and main focus of litigation is Public Interest. Public Interest Litigation, in law, means litigation for the security of public attention. Public Interest Litigation is the energy given to the general public by courts through judicial activism. Such cases may happen when that the victim does not have that the resources that are required to commence his or her freedom was suppressed or encroached upon.
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'Public Interest Litigation – The Alertness Badge that The Law Offers!'
The court can take cognizance of the topic and precede suo motu or cases may commence on any public individual's request.
What's public interest litigation - in Black's law dictionary: Public Interest Litigation signifies a legal action initiated in a court of legislation for the execution of public interest or general interest wherein the public or course of the community have pecuniary attention or any attention by which their legal rights or obligations are affected. Public Interest Litigation purpose is to alienate off the suffering those who've borne the brunt of treatment. Transparency in public life & fair judicial action are the right answer to check increasing menace of violation of legal rights.
Traditional rule was that the right to move that the Supreme Court is simply available to people whose fundamental rights are infringed. However this rule was substantially relaxed by that the Supreme Court in its latest rulings: Peoples Union to Democratic Rights v. Union of India. The court now permits Public Interest Litigation or Social Interest Litigation at the instance of Public spirited citizens for the enforcement of constitutional & legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach court for relief. Public interest litigation is portion of that the process of participate justice and standing in civil lawsuit of this model must have liberal reception in the judicial door steps.
At that the Judges Transfer Case - AIR 1982, SC 149: Court held Public Interest Litigation could be filed by any member of general public having sufficient attention for public harm rising from violation of legal rights in order to get judicial redress. This is absolutely necessary for preserving
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Rule of law and accelerate the balance between law and justice. It's a settled law that whenever an individual approaches the court of fairness in exercise of remarkable authority, he must approach the court not just with clean hands, with clean mind, heart and with clean objectives. Shiram Food & Fertilizer case AIR 2 SCC 176 SC through Public Interest Litigation led the Co. Manufacturing hazardous & lethal chemical and gases posing danger to life and health of workmen & to take all necessary safety measures before re opening the plant. In case of M.C Mehta V. Union of India 1 SCC 471 - In Public Interest Litigation brought against Ganga water contamination in order to prevent any further contamination of Ganga water.
