Evaluation and Appraisal of Enforcement of Public Interest Litigation in the State of Goa (India)

Abstract

Public Interest Litigation (PIL) plays a momentous role in protecting the community’s interest in general. Matters of serious concern and or public importance can be filed by any one on behalf of the entire community. The court will take up the matter and deliver justice in the interest of the public. The judiciary delivered many judgments in India in favour of the public.
The traditional concept of locus standi was enforced in the beginning, which means a victim or person whose lawful rights are violated alone can approach the judiciary to get the remedy. Other persons are prohibited from filing the case. Slowly, due to judicial activism, the court evolved a new concept, PIL. Under this idea, cases can be filed by any person on behalf of the public in matters of public concern. During the 1980s Justice Bhagwati enunciated the broad aspects of PIL. He stated that any fellow of the public with bona fide intention, having adequate knowledge, can file a case for redressal of any incorrect or civic injury. Besides individuals’ nonprofit, non-political, and voluntary organizations consist of public-spirited citizens interested in taking up legitimate public causes by initiating a writ petition before the courts. After the expansion of the notion of PIL, many petitions were filed relating to matters like violation of fundamental rights, under-trial prisoners, arrested persons, and environmental concerns. The judiciary can take cognizance of the matters and accept the petition filed by any person on behalf of the public. Though judiciary has expanded the horizons of justice delivery, it is essential to verify its application in practice hence, this research is noteworthy. In this research article, effort is made to explain the concept of PIL, evolution of PIL at International and National levels, merits and demerits, and finally the authors examined the role of High Court in disposal of PILs.