Public Interest Litigation falls within the jurisdiction of the High Court provided certain conditions are fulfilled. Which one among the following conditions is not accepted by the courts?

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Q: 67 (CAPF/2012)
Public Interest Litigation falls within the jurisdiction of the High Court provided certain conditions are fulfilled.
Which one among the following conditions is not accepted by the courts?

question_subject: 

Polity

question_exam: 

CAPF

stats: 

0,44,49,22,12,15,44

keywords: 

{'public interest litigation': [2, 1, 1, 2], 'courts': [1, 0, 0, 0], 'jurisdiction': [1, 0, 0, 0], 'public': [0, 1, 1, 4], 'high court': [1, 0, 2, 0], 'public duty': [1, 0, 0, 1], 'public servants': [0, 0, 0, 1], 'enforcement': [3, 1, 2, 7], 'conditions': [0, 0, 0, 1], 'certain conditions': [0, 0, 0, 1], 'vindication': [0, 0, 0, 1], 'rights': [0, 0, 1, 4], 'personal injury': [0, 0, 0, 1]}

The correct answer is option 4: Personal injury or loss is an essential element. Public Interest Litigation (PIL) is a legal mechanism in which individuals or groups can approach the court to seek justice or protection for a matter of public interest. PIL allows the court to take up cases even without the affected party filing a petition, making it a powerful tool in protecting public rights.

The conditions that must be fulfilled for a case to be considered as PIL are determined by the courts. These conditions generally include:

1. Public interest: The issue raised must be of public interest rather than a private grievance.

2. Enforcement of public duty: The litigation must aim to enforce public duties or obligations.

3. Examination of public servant records: The courts have the authority to examine the records or actions of public servants to ensure accountability.

However, option 4, personal injury or loss being an essential element, is not accepted by the courts as a condition for PIL. Unlike traditional lawsuits, PIL focuses on public matters, not individual injuries or losses. PIL is intended to address larger societal issues that affect the general public, rather than specific personal grievances.

Alert - The correct answer should be option 4: Public spiritedness is an essential element.

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