Topics Covered: Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Five Month Old Infant Moves High Court Seeking Ban On Vehicular Movement Inside Cubbon Park:
Context:
The Karnataka High Court has issued notice to the state government and other respondents on a public interest litigation filed by a five-month-old infant, seeking to ban traffic movement within and through Cubbon park, in Bengaluru.
What’s the issue?
- The petitioner argues that allowing vehicle movement inside the park has a direct impact on the health, wellbeing and quality of life of the Petitioner, who as an infant is made to bear the burden of the environmentally irresponsible Respondents.
- It also impinges on the rights of the petitioner to enjoy pollution free air and water and endangers and impairs his quality of life and is a clear derogation of his constitutional rights.
Need for:
The plea relies on a study carried out by a team of researchers from the Indian Institute of Science, Bengaluru, to understand the traffic impact should the Park’s thoroughfares be closed to vehicular traffic.
- The said researchers concluded that that there would be a net reduction in CO2 and PM2.5 emissions as compared to when the traffic is allowed inside the Park.
- The report has recommended closure of the Park to vehicular traffic after examining the significant improvement to the environment when vehicular traffic was stopped, and an absence of any impact on the traffic when the Park is open to vehicular traffic.
What is a PIL?
Public Interest litigation (PIL), as the name suggests, is litigation for any public interest. As the word ‘litigation’ means ‘legal action’, PIL stands for a legal action taken by a public spirited person in order to protect public interest (any act for the benefit of public).
- A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party.
- According to the Constitution of India, the petition can be filed under Article 226 before a High Court or under Article 32 before the Supreme Court of India.
Background:
Justice Bhagwati and Justice V R Krishna Iyer were among the first judges in the country to admit PILs.
Various areas where public interest litigation (PIL) can be filed:
- Violation of religious rights or basic fundamental rights
- Violation of basic human rights of the poor
- Compel municipal authorities to perform a public duty
- Content or conduct of government policy
InstaLinks:
Prelims Link:
- What is PIL?
- Who can file it?
- Areas covered.
- Procedure to be followed.
- Original jurisdiction of Supreme Court vs High Court.
Mains Link:
Discuss the significance of PIL.
Sources: the Hindu.
