Question

PIL in Bombay High Court seeks to protect Kolhapuri chappals’ GI from ‘exploitation’.

1. What is a PIL? Which jurisdiction does it enable?
2. How does the High Court act as a protector of Fundamental Rights?
3. What do we mean when we say that the High Court is a ‘Court of Record’?

Answer 1

1. Meaning and Jurisdiction of PIL:
   • What is a PIL: Public Interest Litigation (PIL) is a legal action filed in a court of law to protect or enforce the welfare and interests of the general public. It allows any public-spirited individual or organisation to file a lawsuit on behalf of disadvantaged groups who cannot approach the court themselves.
   • Jurisdiction Enabled: It enables and expands the Writ Jurisdiction and Original Jurisdiction of the High Courts (under Article 226) and the Supreme Court (under Article 32).
2. High Court as a Protector of Fundamental Rights:
   • Power to Issue Writs: Under Article 226, the High Court has the power to issue various constitutional writs, such as Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari, to enforce individual liberties.
   • Direct Remedy: Citizens whose Fundamental Rights are violated by any individual or government authority can approach the High Court directly to get immediate protection.
3. High Court as a ‘Court of Record’:
   • Permanent Evidence: All judgments, decisions, and proceedings of the High Court are recorded and preserved for perpetual memory and testimony.
   • Legal Precedents: These recorded judgments serve as binding legal precedents that all subordinate courts within that state must follow.
   • Power to Punish: The High Court has the constitutional authority to punish anyone for its contempt through fines, imprisonment, or both.