Public Interest Litigation and Public Rights


Public Interest Litigation and Public Rights

Public interest litigation (PIL) is a new force for social justice. PIL is a very important and useful legal avenue against violation of public rights and protection of people interest, thus, a significant

and increasingly influential form of legal action. PIL is a powerful agent of social change, most common in countries having strong traditions of judicial independence such as USA and India.

PIL means litigation filed in court of law, for the protection of public interest such as pollution, lack of proper sanitary conditions, unfair and discriminatory taxes, construction hazards etc( by 1993, then Chief Justice of Pakistan Nadeem Hassan Shah reported that over six hundred subjects had been classified as requiring under PIL jurisdiction).

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Under this scheme and legal procedure any person can challenge the act of a Govt authority or public functionary where violation of fundamental rights of public at large, protected by the constitution, has been made out.

Any person can file a writ petition before High Court as well as Supreme Court for enforcement of fundamental rights through PIL petition and judiciary being the sentinel of constitutional body has a special role to play in the constitutional scheme. It can review legislation and administrative actions or the decisions on the anvil of constitutional law.

For the enforcement of human rights one can move the Supreme Court or the High Court directly by invoking writ jurisdiction of these courts.

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Read full article at: http://www.markthetruth.com/articles/1638-public-interest-litigation-and-public-rights.html

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