Comprehension
The Supreme Court judgment in B. Singh v. Union of India, [(2004) 3 SCC 363] held, when there is material to show that a petition styled as a public interest litigation is nothing but a camouflage to foster personal disputes, the said petition is to be thrown out. Public interest litigation (PIL) which has now come to occupy an important field in the administration of law should not be ‘publicity interest litigation’ or ‘private interest litigation’ or ‘politics interest litigation’ or the latest trend ‘paise income litigation’. If not properly regulated and abuse averted, it may become a tool in unscrupulous hands to release vendetta and wreak vengeance, as well. There must be real and genuine public interest involved in the litigation and not merely an adventure of a knight errant borne out of wishful thinking. It cannot be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity. A person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration. The expression ‘PIL’ means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity-seeking is not lurking
Question: 1
Which of the following is not correct in relation to a Public Interest Litigation?
Which of the following is not correct in relation to a Public Interest Litigation?
Updated On: Aug 23, 2024
- It contemplates legal proceedings for vindication or enforcement of fundamental rights of a group of persons or community which are not able to enforce their fundamental rights on account of their incapacity, poverty or ignorance of law.
- A person invoking the jurisdiction of the Supreme Court under Article 32 must approach the court for the vindication of the fundamental rights of affected persons
- Recourse to a proceeding under Article 32 may or may not be taken by a genuinely interested person in protection of society on behalf of community
- Personal interest, grudge or enmity cannot be enforced through the process of the court, preventing speedy remedy to the other genuine petitioners from the court.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Recourse to a proceeding under Article 32 may or may not be taken by a genuinely interested person in protection of society on behalf of community.
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Question: 2
In which of the following judgments, the public trust doctrine was discussed by the Supreme Court of India?
In which of the following judgments, the public trust doctrine was discussed by the Supreme Court of India?
Updated On: Jul 11, 2024
- Charu Khurana v. Union of India, (2015) 1 SCC 192.
- Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
- Ashok Kumar Pandey v. State of West Bengal, (2004) 3 SCC 349
- M.C. Mehta v. Union of India, (1997) 1 SCC 388
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The Correct Option is D
Solution and Explanation
The correct option is (D) : M.C. Mehta v. Union of India, (1997) 1 SCC 388
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Question: 3
Which of the following issues of public interest is raised in Dipika Jagatram Sahani v. Union of India, [(2021) 2 SCC 740]?
Which of the following issues of public interest is raised in Dipika Jagatram Sahani v. Union of India, [(2021) 2 SCC 740]?
Updated On: Aug 23, 2024
- Challenge to election symbol of a political party.
- Reopening and providing services of Anganwadi Centres in India.
- Working conditions of children in factories.
- Pollution caused by industries
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Reopening and providing services of Anganwadi Centres in India.
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Question: 4
Which of the following is not correct regarding the locus standi in a Public Interest Litigation?
Which of the following is not correct regarding the locus standi in a Public Interest Litigation?
Updated On: Jul 11, 2024
- Only an affected and vulnerable person can approach the court for remedy.
- The principle of dominus litus does not apply to a public interest litigation
- The public interest litigation is strictly not adversarial since the emphasis is on public good.
- A public interest litigation can be filed by any member of the society for larger public interest
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Only an affected and vulnerable person can approach the court for remedy.
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Question: 5
“If a citizen is no more than a wayfarer or officious intervener without any interest or concern beyond what belongs to any one of the 660 million people of this country, the door of the court will not be ajar for him. But, if he belongs to an organisation which has special interest in the subject-matter, if he has some concern deeper than that of a busybody, he cannot be told off at the gates, although whether the issue raised by him is justiciable may still remain to be considered.” In context of this statement, which of the following judgments stated this regarding the rights of workers in India?
“If a citizen is no more than a wayfarer or officious intervener without any interest or concern beyond what belongs to any one of the 660 million people of this country, the door of the court will not be ajar for him. But, if he belongs to an organisation which has special interest in the subject-matter, if he has some concern deeper than that of a busybody, he cannot be told off at the gates, although whether the issue raised by him is justiciable may still remain to be considered.” In context of this statement, which of the following judgments stated this regarding the rights of workers in India?
Updated On: Jul 11, 2024
- Malik Brothers v. Narendra Dadhich, (1999) 6 SCC 552
- Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, 1989 Supp (1) SCC 504.
- Fertilizer Corpn. Kamgar Union v. Union of India, (1981) 1 SCC 568
- Sheela Barse v. Union of India, (1988) 4 SCC 226.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Fertilizer Corpn. Kamgar Union v. Union of India, (1981) 1 SCC 568
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Question: 6
Which of the following public interest litigations is related to proper maintenance of cultural heritage of India as also the ecology in the surrounding areas of Taj Mahal?
Which of the following public interest litigations is related to proper maintenance of cultural heritage of India as also the ecology in the surrounding areas of Taj Mahal?
Updated On: Jul 19, 2024
- M.C. Mehta v. Union of India, (1999) 6 SCC 237
- M.C. Mehta v. Union of India, (2008) 1 SCC 407.
- M.C. Mehta v. Union of India, (1991) 2 SCC 137.
- M.C. Mehta v. Union of India, (2016) 4 SCC 269.
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The Correct Option is B
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The correct option is (B) : M.C. Mehta v. Union of India, (2008) 1 SCC 407.
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