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Role Of Public Interest Litigation (PILs) In Strengthening The Democracy




Lovina Kochar, BBA. LL.B., Vivekananda Institute of Professional Studies, New Delhi


ABSTRACT


A crucial judicial development that took place in the early 20th century, India, was the expansion of Articles 32 and 226 of the Constitution and the introduction of the concept of Public Interest Litigation (PIL). This came into existence upon relaxation of the traditional rule of Locus Standi to allow public-spirited individuals to file cases in courts on behalf of underprivileged groups who are unable to approach the court themselves. Thereby, strengthening constitutional governance and helping in the eradication of systematic injustices that prevail in society.


Various judgements like S.P. Gupta v. Union of India, Hussainara Khatoon v. State of Bihar laid the foundation for this development and subsequent cases like M.C. Mehta and Vishaka expanded the scope of PIL into areas of environmental protection, gender justice,


However, its expansion has, time and again raised serious concerns about its misuse through unsubstantiated and frivolous petitions. Ultimately, the solution lies not in scrapping PIL as a redressal mechanism but by practicing judicial scrutiny at the stage of admission of petition.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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