What are the negative effects of PIL?

Demerits. Many people started handling PIL as a tool for harassment because frivolous cases can be filed without heavy court fee as compared to private litigations. Due to the flexibility of character of the PIL, the opposite party gets an opportunity to ascertain the precise allegation and respond to specific issues.

In what way can public interest litigation help the poor give example?

Public 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.

What is negative side of the large number of public interest litigation or the idea of proactive judiciary?

There is however a negative side to the large number of PILs and the idea of a proactive judiciary. In the first place it has overburdened the courts. Secondly, judicial activism has blurred the line of distinction between the executive and legislature on the one hand and the judiciary on the other.

Can a public interest litigation be filed against the acts of an individual harming the public as a whole?

If the is interest of public then he can file public interest litigation. Public interest litigation is not defined in any statute or any act. When public interest in affecting at large then this can be filed but affection on only one person is not a ground for filing this petition.

What is error apparent on the face of record?

Error apparent on face of record” means an error which strikes one on mere looking at record and would not require any long drawn process…record Justifying the Court to exercise its power of review under Order XLVII… N.

Which was the first PIL?

The first reported case of PIL was ‘Hussainara Khatoon Vs. State of Bihar’ in 1979. Few important facts of this case are as follows: This case focused on the inhuman conditions of prisons and under trial prisoners.

How PIL is helpful to general public?

The value of public interest litigation Public interest litigation can: Clarify the law. Hold public bodies to account by ensuring that they make appropriate decisions, act fairly and transparently and within the remit of their powers. Help develop the law by giving judges the opportunity to interpret legislation.

Can a PIL be filed against the acts of an individual harming the public as a whole?

Public interest litigation is not defined in any statute or any act. It has been interpreted by judge to consider the intent of public at large. When public interest in affecting at large then this can be filed but affection on only one person is not a ground for filing this petition.

Who Cannot file a PIL?

Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.