Q. With reference to Public Interest Litigation (PIL) in India, consider the following statements:
1. It allows any citizen to approach a court in case of violation of Fundamental Rights of a group of people.
2. A Public Interest Litigation (PIL) can be filed in both Supreme Court and High Court.
3. PILs can be filed under Article 32 of the Constitution.
How many statements given above are correct?
Exp) Option c is the correct answer.
Statement 1 is correct. In case of any violation of a Fundamental Right the aggrieved person can go to a court for remedy. Under the PIL any citizen or group of citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government. Any person can go to court against the violation of the Fundamental Right, if it is of social or public interest.
Statement 2 is correct: A Public Interest Litigation (PIL) can be filed in both Supreme Court and High Court. Currently subordinate courts and district court are neither authorised to hear the PIL, nor can anybody approach the local court to hear it.
Statement 3 is correct: Also, PILs are extensions of Writ Jurisdiction. Therefore, 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. The Court in exercise of powers under Articles 32 and 226 of the Constitution can entertain a petition filed by any interested person in the welfare of the people who are in a disadvantaged position and thus not in a position to knock the doors of the Court.
