Q. Which of the following guidelines should be followed in admitting public interest litigation (PIL)?
1. Any third party can challenge a sentence awarded to the convicts through a PIL.
2. PILs may be filed under Article 32 and Article 226 of the Indian Constitution.
3. Letter-petitions on non-payment of minimum wages to workers can be entertained as PIL.
Select the correct answer using the code given below:
Exp) Option c is the correct answer.
Public interest Litigation means, litigation filed in a court of law, for the protection of Public Interest, such as pollution, Terrorism, Road safety, constructional hazards etc. It is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large.
Statement 1 is incorrect:
A third party who is a total stranger to the prosecution which ended in the conviction of the accused has no ‘locus standi’ to challenge the conviction and sentence awarded to the convicts through a PIL. It was upheld by the Supreme Court in Simaranjit Singh Mann vs. Union of India, 1992.
Statement 2 is correct:
PILs may be filed either before the Hon’ble Supreme Court of India under Article 32 of the Indian Constitution or any High Court under Article 226 of the Indian Constitution. Even a simple letter or a postcard addressed to the Chief Justice of India or the Chief Justice of a High Court may suffice. The court may then choose to take cognizance of the letter and convert it into a PIL as in the case of Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh. Here the Hon’ble Court converted a letter raising the issue of unauthorised and illegal mining in Mussoorie Hills into a writ petition under Public Interest Litigation.
Statement 3 is correct:
Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation: Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Las (except in individual cases).
