Question

Consider the statements:

1. Judicial review power could be exercised only by Supreme Court and High Courts.

2. Judicial review has its basis in Art. 32 and Art. 226 of the Constitution.

3. Judicial activism is a form of judicial review.

Analyse the above statements and find out which of the following correlations is false with respect to public interest litigation.

• A. Public interest litigation is the product of judicial activism
• B. Public interest litigations are filed before HCs and Supreme Court
• C. Public interest litigation could be filed by any person irrespective of his interest in it
• D. Only A) and C)

Answer 1

Answer:

C. Public interest litigation could be filed by any person irrespective of his interest in it

• C) Public interest litigation could be filed by any person irrespective of his interest in it

  • Correlation: This statement is True. This is one of the defining characteristics of PIL. Unlike traditional litigation where a party must demonstrate locus standi (direct personal injury or interest), PIL relaxes this rule. Any public-spirited individual, social action group, or even a letter addressed to the court can be treated as a PIL, provided it raises a matter of public importance concerning the rights of a disadvantaged group or a general public wrong. The person filing does not need to have a direct personal interest in the outcome.