Maintainability of PIL

Description: This quiz is designed to assess your understanding of the maintainability of Public Interest Litigation (PIL) in India.
Number of Questions: 5
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Which of the following is not a requirement for the maintainability of a PIL?

  1. The petitioner must have a personal interest in the matter.

  2. The petitioner must be a public-spirited person.

  3. The petitioner must have sufficient knowledge of the matter.

  4. The petitioner must have exhausted all other legal remedies.


Correct Option: A
Explanation:

In order to file a PIL, the petitioner does not need to have a personal interest in the matter. However, they must be a public-spirited person and have sufficient knowledge of the matter.

Which of the following is not a ground for the maintainability of a PIL?

  1. The matter is of public importance.

  2. The matter affects a large number of people.

  3. The matter is a violation of fundamental rights.

  4. The matter is a violation of a statutory provision.


Correct Option: D
Explanation:

The violation of a statutory provision is not a ground for the maintainability of a PIL. However, the matter must be of public importance, affect a large number of people, or be a violation of fundamental rights.

In which of the following cases did the Supreme Court hold that a PIL was maintainable?

  1. Olga Tellis v. Bombay Municipal Corporation (1985)

  2. S.P. Gupta v. Union of India (1981)

  3. Bandhua Mukti Morcha v. Union of India (1984)

  4. All of the above


Correct Option: D
Explanation:

The Supreme Court held that a PIL was maintainable in all of the above cases. In Olga Tellis v. Bombay Municipal Corporation, the Court held that a PIL was maintainable to protect the rights of slum dwellers. In S.P. Gupta v. Union of India, the Court held that a PIL was maintainable to challenge the constitutional validity of a law. In Bandhua Mukti Morcha v. Union of India, the Court held that a PIL was maintainable to protect the rights of bonded laborers.

In which of the following cases did the Supreme Court hold that a PIL was not maintainable?

  1. L.K. Koolwal v. State of Rajasthan (1988)

  2. Ashwini Kumar Upadhyay v. Union of India (2020)

  3. Common Cause v. Union of India (1996)

  4. None of the above


Correct Option: D
Explanation:

The Supreme Court held that a PIL was maintainable in all of the above cases. In L.K. Koolwal v. State of Rajasthan, the Court held that a PIL was maintainable to challenge the constitutional validity of a law. In Ashwini Kumar Upadhyay v. Union of India, the Court held that a PIL was maintainable to challenge the constitutional validity of a law. In Common Cause v. Union of India, the Court held that a PIL was maintainable to protect the rights of consumers.

Which of the following is not a factor that the Supreme Court considers when determining the maintainability of a PIL?

  1. The nature of the matter.

  2. The locus standi of the petitioner.

  3. The public interest involved.

  4. The availability of alternative remedies.


Correct Option: B
Explanation:

The Supreme Court does not consider the locus standi of the petitioner when determining the maintainability of a PIL. However, it does consider the nature of the matter, the public interest involved, and the availability of alternative remedies.

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