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Q66 (CAPF/2012) Polity & Governance › Judiciary › Public interest litigation Answer Verified

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?

Result
Your answer: —  Â·  Correct: D
Explanation

Public Interest Litigation (PIL) is a legal mechanism where the traditional rule of 'locus standi' is relaxed to allow any public-spirited citizen or group to approach the High Court or Supreme Court [1]. The primary conditions accepted by courts for entertaining a PIL include the vindication of public rights and the enforcement of public duties [2]. Courts may also examine the records of public servants to ensure transparency and the rule of law [2]. However, the condition that 'personal injury or loss is an essential element' is explicitly rejected in PIL jurisprudence. Unlike traditional litigation, PIL is specifically designed to protect the rights of the disadvantaged who cannot approach the court themselves, meaning the petitioner does not need to have suffered a personal legal injury to file the case [4]. The focus is on public good rather than individual grievance [2].

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 23: THE HIGH COURT > p. 367
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 29: Public Interest Litigation > MEANING OF PIL > p. 309
  3. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 29: Public Interest Litigation > PRINCIPLES OF PIL > p. 311
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