Theoretical Analysis Of Public Interest Litigation (PIL) As An Effective Tool To Safeguard The Environment

Akhilesh Mishra, Research Scholar, Dr. Ram Manohar Lohiya National Law University, Lucknow

Dr. Prasenjit Kundu, Assistant Professor, Dr. Ram Manohar Lohiya National Law University, Lucknow

ABSTRACT

Indian law defines Public Interest Litigation (PIL) as a type of litigation for the protection of public interest. These proceedings are brought to the court not by the party who feels that he is in trouble, but by other private persons or by the court itself. Victims whose rights have been violated do not need to come to court in person for the court to exercise its powers. The authority given by the courts to the public through arbitration is called public interest litigation. The report examines the Indian case, providing an indication of the broader context in which environmental public interventions can be successful in reducing pollution. Therefore, this article has two distinct objectives: first, to examine the public interest landscape in India using an economic framework; Second, it shows the conditions under which environmental public interest litigation will help reduce pollution. The researchers' aim in this study is to improve the understanding of different effective tools for environmental policy that can be used in developing countries and can also be applied to environmental policy in general.

Keywords: Public Interest Litigation (PIL), judicial activism, environmental protection, fundamental rights, environmental issue, environmental public interest litigation.