Question

Who can move PIL in High Court and Supreme Court,

• A. Any public spirited person
• B. NGO or Association with public spirit
• C. Group of Public spirited persons who have no personal interest
• D. All the above

Hint:

Remember that PIL is a judicial innovation and is not explicitly defined in any statute. It is an exercise of the writ jurisdiction of the High Courts (Article 226) and the Supreme Court (Article 32) to protect public interest.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks who is eligible to file a Public Interest Litigation (PIL) in India. A PIL is a lawsuit filed to protect or enforce public interests.

Step 3: Detailed Explanation:
The traditional rule of 'locus standi' (the right to bring an action) has been relaxed by the Indian judiciary for PILs. The aim is to make justice accessible to the poor and marginalized who cannot approach the court themselves. Therefore, any person or organization acting in the public interest can file a PIL. This includes:
- (A) Any public spirited person: An individual who is not personally affected but is concerned about a public issue can file a PIL.
- (B) NGO or Association with public spirit: Non-governmental organizations and other associations working for social welfare are common petitioners in PILs.
- (C) Group of Public spirited persons who have no personal interest: This is also correct. The key element is the absence of a private or personal grievance and the presence of a bonafide public interest.
Since all the options describe eligible entities or persons who can file a PIL, the correct answer is "All the above."

Step 4: Final Answer:
A PIL can be moved by any public-spirited person, an NGO or association with public spirit, or a group of such persons. Therefore, all the given options are correct.