Previous Year Question
Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R).
Assertion (A): Public Interest Litigation in India is essential for the rule of law.
Reason (R): Public Interest Litigation provides effective access of Justice to socially and economically weaker sections.
Select the correct answer from the code given below:
Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(A) is false, but (R) is true
(A) is true, but (R) is false
Both (A) and (R) are true and (R) is the correct explanation of (A)
Correct Answer: D
Detailed Solution
Assertion (A) is correct. Public Interest Litigation or PIL has widened access to courts beyond only a person directly aggrieved. In matters involving public interest, a public-spirited individual or group of persons may also approach the Court. This has broadened the practical enforcement of constitutional and legal rights.
Reason (R) is also correct. The early development of PIL was particularly intended to protect the rights of people who, because of poverty, social or economic disadvantage or similar limitations, were unable to effectively seek legal redress themselves. Its judicial purpose included securing justice for poor and weaker sections.
Therefore, Reason (R) explains Assertion (A). The Rule of Law has practical meaning only when legal and constitutional rights are capable of enforcement and access to courts is not effectively denied to weaker or disadvantaged persons. PIL widened this access by relaxing the traditional rules of locus standi.
There is no separate constitutional Article expressly titled “Public Interest Litigation.” PIL developed through judicial practice, with Article 32 providing an important constitutional route before the Supreme Court and Article 226 before the High Courts.
An important point is that PIL is not intended merely to resolve a private dispute. It is used in matters involving public interest, constitutional rights or the rights of groups that face difficulty in effectively obtaining judicial remedies themselves. Courts have also developed guidelines to encourage genuine PILs and discourage petitions filed for private or improper purposes.