2 Principle of Public Interest Litigation (PIL)

1. The concept: the public-spirited litigation — standing relaxed (any public-spirited person), the reliefs shaped for the community (structural-and-continuing mandamus), the procedural flexibility (letters-as-petitions, commissions-of-inquiry, suo motu actions); 2. The Nepali journey: the 2047 Constitution's Article 88(2) "public interest or concern" jurisdiction (the PIL's constitutional text — Pradip Kumar Agrawal v. Tax Office, Morang, Biratnagar (NKP 2052, No. 7, P. 542, D.No. 6032 — the Seven-Judge Full Bench): the PIL-era's foundational ruling on the public-interest jurisdiction (read the report for its full doctrine) — through the 2063 Interim and the 2015 Constitution's Article 133(2) (the current text: "any constitutional or legal question involved in any dispute of public interest or concern"); the Court's PIL practice — the environment line (the Godavari-Marble generation), the rights- directives expansion (Constitutional Law-II, this semester, Unit 3's interpretive role), the corruption-and-governance orders; 3. The principles developed: the standing's relaxation (below); the non-adversarial procedure (the court as the public's ombudsman — the commissions, the experts); the judicial-notice's breadth; the continuing-mandamus (the monitored orders — the implementation hearings); 4. The critique: the docket's weight; the PIL-vs-private-dispute boundary (the disguised private battles); the judicial-activism debate (Constitutional Law-II's Unit 6 analysis).