Examkin

Soru

Zorluk: KolayIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

In the legal system of India, Public Interest Litigation (PIL) relaxed the traditional doctrine of 'locus standi'. Which of the following statements best describes the relaxed rule of locus standi as applied in PIL cases?

  1. A
    Only the aggrieved individual whose fundamental rights have been directly violated is permitted to file a petition before the court.
  2. Any public-spirited citizen or organization can approach the court on behalf of disadvantaged individuals who cannot seek legal remedies themselves.Cevap
  3. C
    PIL petitions can only be entertained upon a formal advisory reference made by the President of India under Article 143.
  4. D
    A PIL can only be introduced in a court after passing a constitutional amendment under Article 368.

Cevap

Any public-spirited citizen or organization can approach the court on behalf of disadvantaged individuals who cannot seek legal remedies themselves.
The key feature of Public Interest Litigation (PIL) in India is the relaxation of the traditional doctrine of 'locus standi'. Under PIL, any public-spirited individual, social activist, or non-governmental organization can file a writ petition under Article 32 (Supreme Court) or Article 226 (High Court) for the protection of constitutional rights of disadvantaged groups who cannot approach the court on their own.

Adım Adım Çözüm

1
Recall the traditional concept of 'locus standi'
Traditionally, 'locus standi' (right to stand) meant that only a person whose legal or fundamental right was directly violated could move the court for redressal.
Understanding the baseline rule is essential before examining how PIL modified it.
2
Analyze the relaxation introduced through Public Interest Litigation (PIL)
The Supreme Court of India broadened judicial access by allowing third parties, public-spirited citizens, or NGOs to file petitions for marginalized sections of society who are unable to access justice themselves.
This relaxation ensures constitutional rights are reachable for vulnerable and underprivileged populations.

Anahtar Kavram

Relaxation of Locus Standi in Public Interest Litigation (PIL)
Bu soruyu puanla

Konular

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

Bu konudan daha fazla soru