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Essay / Public Interest Litigation - The badge of vigilance that the law offers!
Public interest, in simple terms, means and suit filed in a court of law, for the security of public interest, e.g. , contamination, terrorism, road safety, construction risks, etc. Public interest litigation is not defined in any law or statute. The sole and primary object of litigation is the public interest. In law, public interest litigation refers to litigation aimed at ensuring the safety of public attention. Public interest litigation is the energy given to the general public by the courts through judicial activism. Such cases can occur when the victim does not have the necessary resources to begin enjoying their freedom, which have been removed or encroached upon. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an Original Essay The court may take cognizance of the matter and proceed suo motu or business may commence at the instance of any public person. What is public interest litigation - at Black's law dictionary: Public interest litigation means a legal action brought in a legislative court for the enforcement of a public interest or interest general in which the public or the course of the community benefits from pecuniary attention or any attention by which its legal rights or obligations are affected. The goal of public interest litigation is to distance those who suffer from those who have borne the brunt of the treatment. Transparency in public life and fair judicial action are the right answer to combat the growing threat of violation of legal rights. The traditional rule was that the right to appeal to the Supreme Court was simply available to people whose fundamental rights were violated. However, this rule has been considerably relaxed by the Supreme Court in its latest decisions: Peoples Union to Democratic Rights v. Union of India. The court now authorizes public interest or social interest litigation at the request of public-minded citizens to enforce the constitutional and legal rights of any person or group of persons who, because of their socially or economically disadvantaged position, are unable to approach the court for redress. Public interest litigation is part of the process of participating in justice and participation in a civil trial of this model must be liberally welcomed within the judicial gates. Added to this is the transfer of judges case - AIR 1982, SC 149: The court held that a public interest litigation could be filed by any member of the general public having sufficient attention to the public harm resulting from violation of legal rights in order to obtain legal relief. This is absolutely necessary to preserve. Keep in mind: this is just a sample. Get a personalized document now from our expert writers. Get a custom essay on the rule of law and accelerate the balance between law and justice. It is a well-settled law that whenever an individual addresses the court of equity in the exercise of remarkable authority, he must address the court not only with clean hands, with a mind , a heart and clear objectives. The Shiram Food & Fertilizer AIR 2 SCC 176 SC case in public interest litigation resulted in the company manufacturing dangerous and deadly chemicals and gases posing danger to the life and health of workers and to take all necessary safety measures before reopening the factory. In the case of MC Mehta V. Union of India 1 SCC 471 - In the context of a public interest litigation filed.