PROJECT ON

“Public Interest Litigation.”

Submitted to -

Prof. Sushant

SUBMITTED BY – Kaushalya Patil

ID NO. – 60

[LLB Second Year (Sem III)– 2022-2023]

KLE COLLEGE OF LAW,

NAVI MUMBAI
Abstract:

The term "Public Interest Litigation" was derived from American law, where it was intended
to provide legal representation to previously unrepresented groups such as the poor, racial
minorities, unorganised consumers, citizens concerned about environmental issues, and so on.

The amount of literature available on the subject is vast and diverse, with almost all of them
tracing the origins of PIL in the United States and then in India, lengthy discussions on the
separation of powers theory, debate on which types of PIL cases should the court accept for
hearings, and so on. As a result, discussing such overlapping subjects would be pointless.
The PIL's evolution will be detailed shortly. Following that, judicial overreach in legislative c
oncerns would be discussed, and finally, issues concerning the implementation of judicial ord
ers would be briefly addressed, and the article would conclude on a conclusion.

Keyword – Public, Welfare, Rights, Citizens

Introduction

Public Interest Litigation is a sociological technique of judicial activism that demonstrates the
broadening of the judicial process in the difficult work of mediating between social realities
and social change. This judicial technique is being used to promote social welfare as a tool
for social transformation and development.

PIL was founded to preserve the fundamental rights of persons who are poor, illiterate, or
otherwise socially/economically disadvantaged. It differs from regular litigation in that it is not
brought by one private individual against another to enforce a personal right. The presence of
public interest is important to file a PIL.

Initially, public interest litigation was viewed as a technique to enable public-spirited citizens
and social activists to raise favourable judicial concern on behalf of aggrieved and oppressed
groups. It is now a potent tool of judicial activism for intervention in social, political, and
economic issues of society.

Objective

Public Interest Litigation (PIL) refers to legal action taken to safeguard the public's interests.
PILs were developed with the goal of making justice more accessible to the downtrodden and
disadvantaged.

 It is an essential tool for restoring human rights to those who have been denied them.
 It makes it easier for everyone to attain justice. Anyone or any organisation with the
ability to do so may file petitions on behalf of persons who are unable or lack the
resources to do so.
 It assists in the judicial oversight of state facilities such as jails, asylums, and protective
homes.
 It is an important method of judicial review.
 PIL is an important weapon for social transformation, safeguarding the rule of law, and
speeding up the balance of law and justice.
 The use of PILs raises public interest in judicial review of administrative action.
Genesis and Evolution of PIL in India: Some Landmark Judgements

 The seeds of the concept of public interest litigation were initially sown in India by
Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.

 The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979) that
focused on the inhuman conditions of prisons and under trial prisoners that led to the
release of more than 40,000 under trial prisoners.
 Right to speedy justice emerged as a basic fundamental right which had been
denied to these prisoners. The same set pattern was adopted in subsequent
cases

 A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case
of S.P. Gupta vs. Union of India.
 In this case it was held that “any member of the public or social action group
acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under
article 226) or the Supreme Court (under Article 32) seeking redressal against
violation of legal or constitutional rights of persons who due to social or
economic or any other disability cannot approach the Court.

 By this judgment PIL became a potent weapon for the enforcement of “public
duties” where executive action or misdeed resulted in public injury. And as a
result any citizen of India or any consumer groups or social action groups can
now approach the apex court of the country seeking legal remedies in all cases
where the interests of general public or a section of the public are at stake.

 Justice Bhagwati did a lot to ensure that the concept of PILs was clearly
enunciated. He did not insist on the observance of procedural technicalities
and even treated ordinary letters from public-minded individuals as writ
petitions.

 The Supreme Court in Indian Banks’ Association, Bombay & Ors. vs. M/s
Devkala Consultancy Service and Ors held :- “In an appropriate case, where the
petitioner might have moved a court in her private interest and for redressal of the
personal grievance, the court in furtherance of Public Interest may treat it a necessity
to enquire into the state of affairs of the subject of litigation in the interest of justice.”
Thus, a private interest case can also be treated as public interest case.

 M.C Mehta vs. Union of India: In a Public Interest Litigation brought against Ganga
water pollution so as to prevent any further pollution of Ganga water. Supreme Court
held that petitioner although not a riparian owner is entitled to move the court for the
enforcement of statutory provisions, as he is the person interested in protecting the
lives of the people who make use of Ganga water.
  Vishaka v. State of Rajasthan: The judgement of the case recognized sexual
harassment as a violation of the fundamental constitutional rights of Article 14,
Article 15 and Article 21. The guidelines also directed for the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

What is Public Interest Litigation?

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of
“Public Interest”. Pollution, terrorism, road safety, construction risks, and other issues affecting
the public interest can be addressed in court by filing a Public Interest Litigation.

 The term "public interest litigation" was derived from American law, where it was
intended to provide legal representation to previously unrepresented groups such as the
poor, racial minorities, unorganised consumers, citizens concerned about
environmental issues, and so on.

 There is no definition of PIL in any statute or act. It has been interpreted by judges to
take into account the general public's intent. It is the authority granted to the public by
the courts through judicial activism. Read more about Judicial Activism on the linked
page. However, the petitioner must demonstrate to the court's satisfaction that the
petition is being submitted in the public interest rather than as a frivolous litigation by
a busy body.

 Neglected children, bonded labour issues, atrocities against women, non-payment of

minimum wages to workers, exploitation of casual workers, food adulteration,
environmental pollution and disruption of ecological balance, preservation of heritage
and culture, and so on are some of the issues addressed by Public Interest Litigation.

Public Interest Litigation (PIL) in India

A Public Interest Litigation (PIL) is filed in a court of law by a private party or the court itself,
not by the aggrieved party.
 PILs have evolved into a powerful instrument for upholding the executive and
legislative branches' legal obligations.
 The primary goal of PILs is to ensure justice for everybody and promote public welfare.
 It is often employed to protect group interests rather than individual interests, which are
protected under Fundamental Rights.
 PILs can be filed with the Supreme Court of India and the High Courts.
 The concept of PILs stems from the power of judicial review.
 The concept of PILs has diluted the principle of locus standi, which implies that only
the person/party whose rights have been infringed upon can file petitions.
 It has most ideally and commonly been used to challenge the decisions of public
authorities by judicial review, to review the lawfulness of a decision or action, or a
failure to act, by a public body.
 PILs have played an important role in India’s polity. They have been responsible for
some landmark judgements in India such as the banning of the instant triple talaq,
 opened up the doors of the Sabarimala and the Haji Ali shrines to women, legalised
consensual homosexual relations, legalised passive euthanasia, and so on.

Procedure to File PIL in India

Any Indian citizen or organisation can move the court for a public interest/cause by filing a
petition:

In the SC under Article 32

In the High Courts under Article 226

The court can treat a letter as a writ petition and take action on it. The court has to be satisfied
that the writ petition complies with the following: the letter is addressed by the aggrieved
person or a public-spirited individual or a social action group for the enforcement of legal or
constitutional rights to any person who, upon poverty or disability, are not able to approach the
court for redress. The court can also take action on the basis of newspaper reports if it is
satisfied with the case.

Who Can File a PIL and Against Whom?

 Any citizen can file a public case by filing a petition:

Under Art 32 of the Indian Constitution, in the Supreme Court.
Under Art 226 of the Indian Constitution, in the High Court.
Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.

 However, the court must be satisfied that the Writ petition fulfils some basic needs for
PIL as the letter is addressed by the aggrieved person, public spirited individual and a
social action group for the enforcement of legal or Constitutional rights to any person
who are not able to approach the court for redress.

 An action for public interest may be brought against the State or Central Government,
municipal authorities, but not a private individual. The definition of a "state" is the same
as that in Article 12 of the Constitution, and it covers the Indian Government, the Indian
Parliament, the governments and legislatures of each of the States, as well as any local
or other authorities operating on Indian territory or under the control of the Indian
Government.

Significance of Public Interest Litigation (PIL) in India

The original purpose of PILs has been to make justice accessible to the poor and the
marginalized.

 It is an important tool to make human rights reach those who have been denied rights.
 It democratizes the access of justice to all. Any citizen/agency who is capable can file
petitions on behalf of those who cannot or do not have the means to do so.
 It helps in judicially monitoring state institutions like prisons, asylums, protective
homes, etc.
 It is an important tool in judicial review.
Criticism of Public Interest Litigation (PIL) in India

PILs have recently evolved into a publicity tool. People submit pointless petitions, wasting the
courts' time and resources. They have also been applied to political ends. They add needless
hardship to the judicial system. The courts take time and effort on them before dismissing them,
even if the petition is ultimately dismissed.

Currently, only judges have the authority to reject a petition. The SC or HC Registry just makes
certain that a petition's technical requirements are met. As a result, regardless of the case's
merits, petitions are admitted to court.

Way Forward with Public Interest Litigation

 The court should not allow its process to be abused by politicians and others to delay
legitimate administrative action or to gain political objectives.
 The PIL activists should be responsible and accountable.
 The court must be careful to see that the petitioner must be acting bona fide and not for
personal gain.
 In shaping the relief the court must take into account its impact on those public interests.
 Since it is an extraordinary remedy available at a cheaper cost to all citizens of the
country, it should not be used by all litigants as a substitute for ordinary ones or as a
means to file frivolous complaints.

Conclusion

Astonishing outcomes from public interest litigation that were unimaginable thirty years ago.
Through judicial intervention, degraded bond labourers, tortured defendants and women
prisoners, humiliated residents of protected women's homes, blinded prisoners, exploited
children, beggars, and many more people have received relief. The biggest benefit of PIL has
been to increase government accountability for the poor people's human rights.

The PIL establishes new legal precedent about the state's liability for constitutional and legal
violations that harm the interests of the community's weakest members. To avoid judicial
overreach and other violations of the principle of separation of powers, the judiciary should
apply PILs with sufficient caution. Additionally, in order to keep its workload manageable,
frivolous PILs with vested interests must be discouraged.