Question

A Public Interest Litigation can be filed under

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

Hint:

While Articles 32 and 226 are the most famous routes for PIL, don't forget the power of the magistracy under Section 133 Cr.PC for removing public nuisances, which is often described as a statutory remedy akin to a PIL.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Public Interest Litigation (PIL) is a legal action initiated in a court of law for the enforcement of public interest or general welfare in which the public or a class of the community have some interest by which their legal rights or liabilities are affected.

Step 2: Detailed Explanation:
PILs are filed under different legal provisions:
- Article 32 and Article 226: The primary avenues for filing a PIL are the writ jurisdictions of the Supreme Court under Article 32 and the High Courts under Article 226 of the Constitution. This allows the higher judiciary to enforce fundamental rights.
- Section 133 of Cr.PC: This section empowers a District Magistrate or a Sub-divisional Magistrate to make a conditional order for the removal of any public nuisance. The Supreme Court has recognized that proceedings under Section 133 Cr.PC can be a potent tool for social justice and can be used to address issues of public nuisance like environmental pollution, effectively functioning as a form of public interest action at the magisterial level.
Since both (a) and (b) are recognized methods for bringing matters of public interest before a judicial forum, the correct answer is (c).

Step 3: Final Answer:
A Public Interest Litigation can be filed under the writ jurisdiction of the Supreme Court (Art. 32) and High Courts (Art. 226), and public interest matters can also be agitated under Section 133 of the Cr.PC.