Beyond Private Interest Litigation: Keeping Public Interest Litigation on the Right Track
Abstract
Public Interest Litigation (PIL) serves as an effective mechanism to secure justice for the public. It works as a commendable legal instrument for fetching public welfare. It has the capacity to compel the system to implement beneficial policies for all. PIL possesses its distinctive characteristics from the private interest litigation (PL). PIL operates primarily for public interest, whereas, the PL focuses on personal grievances. This paper underscores to maintain the distinction between these two legal recourses. This study explores the potential misuse of PIL for private interests: it has analysed leading case laws from both the Indian and Pakistani jurisdictions. Through this analysis, this article illustrates how PIL is often attempted to be misused. In the end, this study has provided certain recommendations for our courts to follow when they entertain PIL cases. It concludes that PIL is a collaborative effort of all us to give voice to the voiceless. It should never be allowed to be misused. The courts have a primary role in this regard to play in maintaining the integrity and proper use of PIL
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