In what way can public interest litigation help the poor?
Answers
Explanation:
ublic interest litigation can help the poor in the following ways: It can seek to protect the fundamental rights and better the living conditions of the poor. It can allow public spirited citizens, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.
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Answer:
Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi. Earlier,the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases[when?] on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.In December 1979, Kapila Hingorani filed a petition in regards to the condition of the prisoners detained in the Bihar jail, whose suits were pending in court. The petition was signed by prisoners of the Bihar jail and the case was filed in the Supreme Court of India before the bench headed by Justice P. N. Bhagwati. The petition was filed under the name of a prisoner, Hussainara Khatoon, and the case was therefore named Hussainara Khatoon Vs State of Bihar. The Supreme Court decided that prisoners should receive free legal aid and fast hearings. As a result, 40,000 prisoners were released from jail. Thereafter many similar cases have been registered in the Supreme Court. It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined the term "public interest litigation" in the Indian context.
The concept of public interest litigation (PIL) is suited to the principles enshrined in Article 39A[a] of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice. After the emergency era the high court reached out to the people and devised a means for any person of the public (or NGO) approaching the court to seek legal remedy in cases where public interest is at stake. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court.Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been heard as PILs.