All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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47.

The utility of Public Interest Litigation

A: Liberalised locus standi
B: The proceedings are Non-Adversarial
C: Procedural requirements are liberalized
D: All of the above

The answer is: D

Explanation

The correct option is D: All of the above.

The utility of Public Interest Litigation (PIL) is that it enables any person or group to file a case in the court for the protection or enforcement of public interest, without being directly affected by the issue or having any personal stake in it. This is known as liberalised locus standi, which means that the traditional requirement of having a sufficient interest or standing in the matter is relaxed for PIL cases. This makes justice more accessible and inclusive for the common people, especially the poor and marginalised sections of society.

Another feature of PIL is that the proceedings are non-adversarial, which means that the court does not treat the case as a contest between two opposing parties, but as a collaborative effort to resolve a public problem. The court may appoint commissions, experts, amicus curiae (friends of the court), or other agencies to assist in the investigation, fact-finding, or mediation of the case. The court may also issue interim orders, directions, or guidelines to the concerned authorities to ensure the effective implementation of the relief granted in the case.

A third aspect of PIL is that the procedural requirements are liberalised, which means that the court may relax or waive some of the formal rules or technicalities that apply to ordinary cases, such as the format of the petition, the payment of court fees, the limitation period, the evidence, etc. The court may also take suo motu (on its own) cognisance of a PIL based on a letter, newspaper report, or any other credible source of information. The court may also allow public interest groups, NGOs, or social activists to intervene or participate in the case as representatives of the affected parties or the public interest.

Thus, PIL is a powerful tool to uphold the rule of law, protect human rights, and promote social justice in India. It has been used to address various issues affecting the public, such as environmental protection, corruption, custodial violence, bonded labour, child labour, sexual harassment, right to education, right to food, right to health, etc. PIL has also helped to strengthen the role of the judiciary as a guardian of the Constitution and a check on the executive and legislative branches of the government.