PIL - POLITY
News: PIL plea: Frame guidelines to regulate online applications offering financial and loan services
What's in the news?
● The Madurai Bench of the Madras High Court on Monday ordered notice to the Centre on a public interest litigation petition that sought a direction to the authorities to frame guidelines in order to regulate online applications offering financial and loan services.
Public Interest Litigation:
● Public
interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”.
● Any
matter where the interest of the public at large is affected can be redressed
by filing a Public Interest Litigation in a court of law such as Pollution,
Terrorism, Road safety, Constructional hazards, etc.
● The
chief objectives behind PILs are ensuring
justice to all and promoting the welfare of the people.
● It
is generally used to safeguard group interests and not individual interests, for
which Fundamental Rights have been provided.
● The
Supreme Court of India and the High Courts have the right to issue PILs.
● The concept of PILs stem from the power of judicial review.
Key takeaways:
● Public
interest litigation is not defined in
any statute or in any act.
● Public
interest litigation can be filed by any
concerned citizen.
● The
concept has its origin in American
Jurisprudence.
● The
concept of PILs have diluted the
principle of locus standi, which implies that only the person/party whose
rights have been infringed upon can file petitions.
● Judges can take so-called
"suo moto" action based on newspaper
articles and letters, according to a liberal interpretation of the locus
standi.
● The
Supreme Court of India Derives its authority to take up PIL through - Article 32 of the constitution.
● Some
of the matters which are entertained under PIL are:
○ Bonded
Labour matters
○ Neglected
Children
○ Non-payment
of minimum wages to workers and exploitation of casual workers
○ Atrocities
on women
○ Environmental
pollution and disturbance of ecological balance
○ Food
adulteration
○ Maintenance of heritage and culture.
Significance:
● PIL
is an important instrument of social change and for maintaining the Rule of law
and accelerating the balance between law and justice.
● The
original purpose of PlLs have been to make justice accessible to the poor and
the marginalized. It democratizes the access of justice to all.
● It
helps in judicial monitoring of state institutions like prisons, asylums,
protective homes, etc.
● It
is an important tool for implementing the concept of judicial review.