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

Consider the following statements regarding Public Interest Litigation (PIL) in the Indian judicial system:

1. The traditional rule of *locus standi*, which mandates that only an aggrieved person whose legal right is infringed can move the court, is relaxed in PIL cases.
2. PIL can be filed against a purely private entity for private contractual disputes without any state involvement or public duty element.
3. The Supreme Court of India can entertain informal letters or postcards sent by public-spirited citizens as writ petitions under its epistolary jurisdiction.

Which of the statements given above is/are correct?

  1. 1 and 3 onlyAnswer
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

1 and 3 only
Statements 1 and 3 are correct. The core innovation of Public Interest Litigation (PIL) in India lies in relaxing the traditional rule of *locus standi*, enabling third parties to represent disadvantaged sections of society. Additionally, under the Supreme Court's epistolary jurisdiction (developed by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer), informal letters written to the court can be treated as writ petitions. Statement 2 is incorrect because PILs are directed against public bodies or entities discharging public duties and cannot be filed for private personal disputes.

Step-by-Step Solution

1
Analyze Statement 1 regarding locus standi.
Statement 1 is correct.
In traditional litigation, only the person whose rights are directly violated can approach the court. PIL departs from this by allowing any public-spirited citizen or organisation to file a petition on behalf of marginalized individuals who cannot access justice.
2
Analyze Statement 2 regarding maintainability against private entities.
Statement 2 is incorrect.
PIL is designed to enforce fundamental rights, statutory obligations, and public duties against the State (Article 12) or agencies performing public functions. It cannot be invoked for private legal grievances or private contractual enforcement.
3
Analyze Statement 3 regarding epistolary jurisdiction.
Statement 3 is correct.
Through epistolary jurisdiction, the Supreme Court converts simple letters, postcards, or telegrams highlighting social injustices into formal writ petitions under Article 32.

Key Concept

Public Interest Litigation (PIL), Epistolary Jurisdiction, and Locus Standi
Estimated Time:1m 0s
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Topics

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

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