Answer the question in maximum 15 to 20 words. This question carries 03 marks.[MPPSC 2023] Which three purposes does judicial review serve?
Objectives of Public Interest Litigation (PIL) Introduction Public Interest Litigation (PIL) has emerged as a crucial mechanism in Indian jurisprudence for addressing societal grievances and ensuring justice for marginalized and disadvantaged groups. PILs are designed to address broader social issueRead more
Objectives of Public Interest Litigation (PIL)
Introduction
Public Interest Litigation (PIL) has emerged as a crucial mechanism in Indian jurisprudence for addressing societal grievances and ensuring justice for marginalized and disadvantaged groups. PILs are designed to address broader social issues and have significantly influenced legal and social reforms in India.
1. Promote Access to Justice for the Underprivileged
- Objective: One of the primary objectives of PIL is to ensure that justice is accessible to all, particularly for those who lack the resources to pursue legal remedies on their own. PILs aim to give a voice to the marginalized, poor, and disadvantaged sections of society.
- Recent Example: In 2020, the Supreme Court took suo motu cognizance of the plight of migrant workers stranded due to the COVID-19 lockdown. The Court’s intervention through PILs led to the establishment of a comprehensive framework for their relief, including transportation and financial assistance.
2. Address Systemic and Institutional Failures
- Objective: PILs are used to tackle systemic and institutional failures that affect public welfare. They seek to address issues where the state or institutions have failed in their duty to uphold rights or deliver services effectively.
- Recent Example: The 2019 PIL filed by environmental groups against industrial pollution in the Ganga River led to the Supreme Court’s stringent orders for cleaning and monitoring. The Court’s oversight aimed to address systemic issues in pollution control mechanisms.
3. Advance Social Justice and Human Rights
- Objective: PILs aim to advance social justice and protect fundamental rights by highlighting and rectifying violations. They serve as a tool for enforcing constitutional rights and ensuring compliance with human rights standards.
- Recent Example: In 2017, the Supreme Court’s judgment in the PIL challenging the practice of “Triple Talaq” (instant divorce) was a landmark decision. The Court declared it unconstitutional, thereby promoting gender justice and protecting the rights of Muslim women.
Conclusion
Public Interest Litigation serves as a vital instrument for promoting justice, addressing systemic failures, and advancing social justice. Through recent examples, it is evident how PILs have played a significant role in addressing public grievances and enforcing rights in contemporary India.
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From the Wednesbury's case we establishes reasonableness and the triple 'I' test that is: Illegality, Irrationalily and Procedural Irregularity should be avoided in order to get an unbiased result. Judicial review is a unique feature of judiciary in order to - 1) Keep check over other piller of theRead more
From the Wednesbury’s case we establishes reasonableness and the triple ‘I’ test that is:
Illegality, Irrationalily and Procedural Irregularity should be avoided in order to get an unbiased result. Judicial review is a unique feature of judiciary in order to –
1) Keep check over other piller of the govt. I.e legislarure and executive
2) To maintain transperacy between all three organs
3) To ensure that no act of organs should hamper the basic structure of our Constitution
Several case laws: kameshwar prasad v. State1951, keshwananda bharti 1973, waman rao, minerva mills, I.R Coelho v. State of Tamil Nadu 2007.
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