Practicing Success
Practicing Success
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| Which of the following is NOT a feature of Public Interest Litigation? |
PILs can be termed as non-adversarial litigation that pits the interest of one party over the other. PIL incorporates the Directive Principles whose claims cannot be brought directly to the Courts, into the domain of fundamental rights under Part III of the Constitution. PIL has strengthened the role of judiciary as a monitor and watch-dog agency. None of the above |
| None of the above |
| PILs can be termed as non-adversarial litigation that pits the interest of one party over the other. Rather than focussing on traditional litigation of adversary character, PILs are recognised as tools for social change. PILs are based on the tenets of citizen standing and representative standing which expands the rights of third-parties to approach the Court. PIL from its inception is modelled on remedial nature which aims at creating a dynamic, welfare oriented model of judiciary. PIL thus incorporates the Directive Principles whose claims cannot be brought directly to the Courts, into the domain of fundamental rights under Part III of the Constitution, which can be invoked before the Courts as a matter of rights by the citizens of India. Therefore PILs are creating new rights and laws within the realm of the state. These laws are also democratising citizen's access to justice, thereby strengthening the democracy in India. PIL further strengthens the role of judiciary as a monitor and watch-dog agency. Fear of being dragged to the Court via PIL has improved the quality of several social institutions in the country such as jails, protective homes, mental asylums etc . |
