Question

A Public Interest litigation can be filed under

• A. Article 226 of Constitution and Article 32 Constitution
• B. U/s. 133 of Criminal Procedure Code
• C. (a) and (b)
• D. None of the above

Hint:

While Articles 32 (Supreme Court) and 226 (High Courts) are the main sources of PIL jurisdiction, don't forget the power of Magistrates under Section 133 CrPC for public nuisance, which also serves a similar purpose at the executive magistrate level.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the legal provisions under which a Public Interest Litigation (PIL) can be filed in India.

Step 2: Detailed Explanation:
Public Interest Litigation (PIL) is a unique feature of Indian jurisprudence. It allows a member of the public to enforce public duties or vindicate public interest through the courts.
- (A) Article 32 and Article 226 of the Constitution: These are the primary avenues for filing PILs. Article 32 allows a person to approach the Supreme Court directly for the enforcement of fundamental rights. Article 226 allows a person to approach a High Court for the enforcement of fundamental rights and "for any other purpose." The Supreme Court and High Courts have used their vast writ jurisdiction under these articles to entertain PILs.
- (B) Section 133 of the Criminal Procedure Code (CrPC): This section empowers a District Magistrate or a Sub-divisional Magistrate to make a conditional order for the removal of a public nuisance. This provision has been used creatively by courts and activists as a tool for public interest matters, especially concerning environmental pollution and other public nuisances. The Supreme Court has recognized its utility as a PIL tool.
Since PILs can be filed under the constitutional provisions and also initiated through Section 133 of the CrPC for specific matters like public nuisance, both (a) and (b) are correct.

Step 3: Final Answer:
A Public Interest Litigation can be filed under Articles 32 and 226 of the Constitution, and matters of public interest concerning public nuisance can also be agitated under Section 133 of the CrPC. Therefore, (C) is the correct answer.