PIL - जनहित याचिका क्या होती है ?- What is Public Interest Litigation in India- Polity- Hindi

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242 بار بازدید - 5 سال پیش - In this video you will
In this video you will get to know about P.I.L. i.e. Public Interest Litigation and how to file for P.I.L.. You will also get to know about some of social changes happened due to P.I.L. like 2G scam, ban on smoking in public places and separate lock ups for female prisoners in the jail.
Public Interest Litigation (PIL) Explained in Hindi | BY KLD CLASSES

In Indian law, public interest litigation means litigation for the protection of the public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public interest litigation is the power given to the public by courts through judicial activism. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest and not just as a frivolous litigation by a busy body.

Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. The court can itself take cognizance of the matter and proceed suo motu or cases can commence on the petition of any public-spirited individual.

What is the definition of public interest?: Anything affecting the rights, health, or finances of the public at large. Public interest is a common concern among citizens in the management and affairs of local, state, and national government. It does not mean mere curiosity but is a broad term that refers to the body politic and the public weal.

How do you file a PIL?: If you are filing PIL in High Court, then two copies of the petition have to be filed. Also, an advance copy of the petition has to be given to the opposing party. 6. If you are filing a PIL in the Supreme Court, then five sets of petition have to be filed.

What is Article 32 of Indian Constitution?: Article 32 of the Indian Constitution enshrines this provision whereby individuals may seek redressal for the violation of their fundamental rights.constitutional weapons, known as 'writs', for the enforcement of such rights.

Conclusion: Public Interest Litigants, all over the country, have not taken very kindly to such court decisions. They do fear that this will sound the death-knell of the people friendly concept of PIL. However, bona fide litigants of India have nothing to fear. Only those PIL activists who prefer to file frivolous complaints will have to pay compensation to then opposite parties.

It is actually a welcome move because no one in the country can deny that even PIL activists should be responsible and accountable. In any way, PIL now does require a complete rethink and restructuring. Anyway, overuse and abuse of PIL can only make it stale and ineffective. Since it is an extraordinary remedy available at a cheaper cost to all citizens of the country, it ought not to be used by all litigants as a substitute for ordinary ones or as a means to file frivolous complaints.

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5 سال پیش در تاریخ 1398/02/12 منتشر شده است.
242 بـار بازدید شده
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