Public interest litigation (“PIL”) is filed before the court of law not by the aggrieved party but by a private party or by the court itself. PILs aim to promote and safeguard public interest by ensuring that the violations of constitutional or legal rights of large numbers of people who are socially or economically disadvantaged, do not go unredressed. These have also become a potent tool for enforcing the legal obligation of the executive and the legislature. These also help in protection and preservation of ecology, environment, forests, marine life, wildlife etc.
In the recent time, Indian Courts have shown concern about misuse of PILs, which have flooded the already overburdened Hon’ble High Courts and Hon’ble Supreme Court of India (“SC”). SC has held that the jurisdiction of PILs is being blatantly abused by filing such PILs with oblique motives or to settle personal scores. (Tehseen Poonawalla Vs. Union of India, (2018) 6 SCC 72}.
Please click here to read the full article by Upendra Nath Sharma, published in Realty+.
Upendra’s practice primarily covers mergers, acquisitions, joint ventures, private equity, restructuring, corporate commercial, and anti-corruption matters.