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1. ‘Any act for the benefit of public is public interest.

‘and those act are such as pollution, Terrorism, Road


safety, constructional hazards etc. This is just like a writ petition which is file in high court or Supreme
Court under article 226 for high court and article 32 for Supreme Court. When public interest in
affecting at large then this can be filed but affection on only one person is not a ground for filing this
petition. There are some various areas where public interest litigation can be filed. If only one person is
affecting then that is not a ground for filing PIL.

2. If a person want to go to high court to filing that then he can go under article 226 of Indian
constitutional law and if any person wants to go to supreme court then he can go under article 32 of
the Indian constitutional law but Article 226 is something distinguished from article 32 of constitutional
law. Under article 32 that person can go to supreme court whose only fundamental rights are violation
nothing else but if any person going through the violation of not only fundamental right but also
constitutional right and any other legal right also or secondly we can see by this view that It will purely
and solely depend on the "Nature of the case", if the question involves only a small group of people
being effected by action of State authority, the PUBLIC INTEREST LITIGATION can be filed in high court.
For e.g. if there is a sewage problem in a locality effecting 50 families, the PUBLIC INTEREST LITIGATION
can be filed in High court. If a large section of people is affected whether by State Government or
Central Government, PUBLIC INTEREST LITIGATION can be filed in Supreme Court For e.g. placing a ban
on adult movies, prohibition industrial unit from causing pollution etc. So we can say that both of the
court have power to entertain the public interest litigation.
3. hat any public spirited person even a foreigner can file a PIL on behalf of others but this is necessary
that only the person who is filing a PIL should not get benefit. Meaning there by any PIL whoever is
filing should be only and only in for the benefit of peoples. If only one person is getting affected by any
act then that is not a ground of filing PIL. Although earlier only the person whose interest in directly
along with others can use such litigation.
4. That if any public spirited person wants to file PIL in court of law but the question is where? So the
answer is this that any public spirited person can file any PIL but only against the state govt./ central
govt. or any municipality authority but against to the any private party but it doesn't mean that private
party does not comes under the sphere of PIL. A private party also can be tried by the PIL by acting a
role of respondent after making concern by the state authorities.For example- If there is a Private
factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a
PUBLIC INTEREST LITIGATION against:
5. Recently in the territory of India many cases from the area of PIL has come into picture which has been
filed in the court of law. This project put lights in few of the cases related to PIL. As in 2008 a case was
decided by Supreme Court named Common Cause (A Regd. Society) Vs. Union of India AIR 2008 SC
2116 in this PIL Petitioner filed public interest litigation praying to court to enact a Road Safety Act in
view of the numerous road accidents but in this case court held that court cannot direct legislation A
perusal of the prayers made in this writ petition clearly shows that what the petitioner wants the courts
to do is legislation by amending the law, which is not a legitimate judicial function so this Petition was
dismissed by court of law.

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