Identify the characteristics of a Public Interest Litigation

(a) Strengthens the role of judiciary

(b) Possesses the power to punish for contempt

(c) Non-Adversarial in nature

(d) Based on the model which is for providing access to justice to all

(e) Supplementary powers of the units

Choose the correct answer from the options given below :

(1) (c), (d) and (e) only

(2) (b) and (d) only

(3) (a) and (c) only

(4) (c) only

3

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. 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. 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. PILs are based on the tenets of citizen standing and representative standing which expands the rights of third-parties to approach the Court.