Public Interest Litigation and Legal Framework: Indian Perspective

  • Dr. Pratima Soni
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  • Dr. Pratima Soni

    Associate Dean and Assistant Professor, ICFAI Law School, The ICFAI University, Jaipur, Rajasthan, India

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Abstract

The main purpose of the paper is to interpret the meaningful purpose, leading to the procedure of Public Interest Litigation. The paper will enhance the procedure for Public Interest Litigation, its meaning, and the main significance of its purpose for the same. Public Interest Litigation (PIL) has a vast role in the judicial system that comprises the civil justice system with the major objective of conventional private litigation. It provides a system for enhanced justice in society which enforces ample rights to the people along with civil society to be well aware of human rights. It helps in the significant participation in the governmental decision procedure which enhances the Indian PIL experience to be more critical in a way of fulfilling their private interest along with the political settlement. The right to access justice from the court is also available to individuals who are aggrieved. The affected or the aggrieved party is allowed to approach the court under the law of redressal for PIL. Similarly, it is a mechanism that addresses individual rights when violated. Majorly India follows the rule of locus standi, which means only the party affected can approach the court whose right is violated. As an outcome, it creates a new principle as a strategy for individuals representing their political, social as well as economic constraints. The PIL is one of an initiative by the Indian judiciary to meet such a situation where this doctrine has been tried to address ignorant or illiterate parties who cannot afford to handle or are indigent.

Keywords

  • Public Interest Litigation
  • Fundamental Rights
  • Articles
  • Society and People

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1795 - 1816

DOI: https://doij.org/10.10000/IJLMH.1110589

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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