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Difficulty: MediumIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

With reference to Public Interest Litigation (PIL) and judicial provisions under the Constitution of India, which of the following statements are correct?

  1. A PIL can be entertained by both the Supreme Court under Article 32 and High Courts under Article 226 of the Constitution of India.Answer
  2. The traditional rule of locus standi is relaxed in PIL matters to permit public-spirited citizens to file petitions on behalf of vulnerable social groups.Answer
  3. C
    The High Court's power of superintendence under Article 227 extends to all courts and tribunals, including military courts constituted under Armed Forces laws.
  4. D
    A PIL can be directly maintained against a purely private entity to resolve a personal contractual dispute without any public duty or state involvement.

Answer

The correct statements are those affirming that PIL can be filed under Article 32 and Article 226, and that the traditional doctrine of locus standi is relaxed in public interest petitions.
The statements confirming that PIL can be entertained under Article 32 (Supreme Court) and Article 226 (High Courts), and that the rule of locus standi is relaxed for public interest cases, are correct based on Indian constitutional law jurisprudence.

Step-by-Step Solution

1
Evaluate constitutional provisions governing Public Interest Litigation (PIL).
Articles 32 and 226 empower the Supreme Court and High Courts respectively to entertain PIL petitions for enforcing fundamental and public rights.
Judicial precedents have firmly established epistolary jurisdiction and PIL under both Articles 32 and 226.
2
Examine the doctrine of locus standi in PIL jurisprudence.
The strict rule that only an aggrieved person can file a writ petition is relaxed in PIL cases.
This relaxation ensures access to justice for marginalized citizens who cannot approach the court on their own.
3
Check Article 227 limitations regarding Armed Forces tribunals.
Article 227(4) explicitly removes military courts and tribunals from High Court superintendence.
Armed Forces courts operate under dedicated statutory systems exempt from Article 227.
4
Determine the scope of PIL against private entities.
PIL cannot be maintained for purely private contractual disputes against non-state actors.
PIL requires a public interest element, breach of public duty, or involvement of state action.

Key Concept

Public Interest Litigation (PIL) and Constitutional Jurisdictional Limits
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Topics

Indian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

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