2019Journal of the Gujarat Research SocietyRequires access

Review on Public Interest Litigation

Kirti Awasthi

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Abstract

The term 'Public Interest Litigation' was adopted from American jurisprudence, where it was meant to give legal representation to historically unrepresented groups such as the disadvantaged, ethnic minorities, unorganized customers, people who were concerned about environmental issues, etc. Public Interest Litigation (PIL) means litigation filed for protection in a court of law. Through filing a Public Interest Lawsuit before a court of law, any matter where the interest of the public at large is compromised will be redressed. In any law or in any act, public interest litigation is not specified. Judges also understood it to take into account the intent of the public at large. The authority granted to the public by the judiciary by judicial advocacy is public interest litigation. The person filing the petition, however, must show to the court's satisfaction that the petition is being brought by a busy body with a good benefit and not merely as a frivolous lawsuit. The court will itself take cognizance of the matter and proceed suo motu, or on the request of any publicly spirited person, cases will begin.

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What this paper is about

The term 'Public Interest Litigation' was adopted from American jurisprudence, where it was meant to give legal representation to historically unrepresented groups such as the disadvantaged, ethnic minorities, unorganized customers, people who were concerned about environmental issues, etc. Public Interest Litigation (PIL) means litigation filed for protection in a court of law. Through filing a Public Interest Lawsuit before a court of law, any matter where the interest of the public at large is compromised will be redressed. In any law or in any act, public interest litigation is not specified. Judges also understood it to take into account the intent of the public at large. The authority granted to the public by the judiciary by judicial advocacy is public interest litigation. The person filing the petition, however, must show to the court's satisfaction that the petition is being brought by a busy body with a good benefit and not merely as a frivolous lawsuit. The court will itself take cognizance of the matter and proceed suo motu, or on the request of any publicly spirited person, cases will begin.

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Available abstract

The term 'Public Interest Litigation' was adopted from American jurisprudence, where it was meant to give legal representation to historically unrepresented groups such as the disadvantaged, ethnic minorities, unorganized customers, people who were concerned about environmental issues, etc. Public Interest Litigation (PIL) means litigation filed for protection in a court of law. Through filing a Public Interest Lawsuit before a court of law, any matter where the interest of the public at large is compromised will be redressed. In any law or in any act, public interest litigation is not specified. Judges also understood it to take into account the intent of the public at large. The authority granted to the public by the judiciary by judicial advocacy is public interest litigation. The person filing the petition, however, must show to the court's satisfaction that the petition is being brought by a busy body with a good benefit and not merely as a frivolous lawsuit. The court will itself take cognizance of the matter and proceed suo motu, or on the request of any publicly spirited person, cases will begin.

Key concepts: Lawsuit, Public interest, Law, Jurisprudence, Political science

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