What is PIL?
What is PIL is the first question when people know about PIL and its benefits. Public interest litigation advances the rights of the individual or society or brings to light issues of public concern. By advancing the cause of minorities or disadvantaged groups, it helps advance the cause of all individuals.
Both public law and private law matters can lead to cases of public interest litigation in India. Public law refers to the various rules and regulations governing the exercise of powers by public authorities. Generally speaking, private law refers to cases in which no government agency is involved and may include areas such as family law and employment law. Judicial review is the most common method used by public interest litigants to challenge the decisions of public authorities. Judges review the legality of decisions or actions, or a failure to act, made by public bodies as part of judicial review. In judicial reviews, the law and procedure are analyzed to determine whether they have been applied correctly. There is no definition of public interest litigation in any statute or law. Judges have interpreted this to mean considering the general public's intent.
Origin of PIL in India
In India, litigation was still rudimentary, and we saw it as a private pursuit to vindicate private interests until the 1960s and 1970s. The majority of litigation in those days was initiated and continued by individuals, usually for personal grievances and problems, until the concept of Public Interest Litigation originated in India. A person who has been injured or has been aggrieved is allowed to initiate and continue litigation. However, these individuals had limited resources. There was very little organized effort to address larger issues affecting consumers and the public in general. However, the concept of Public Interest Litigation originated in the 1980s by the Supreme Court of India. In light of the Supreme Court of India's decision, Indian citizens and newly formed consumer groups have better access to the law and are encouraged to focus on broad public interests in their work.
Role of PIL in India
Public Interest Litigation (PIL) is said to be a lawsuit instrument brought in a court of law by the private party or by the court itself and not by the supposedly aggrieved party.
Public Interest Litigation or PIL has become a very significant means in order to enforce the legal obligations of the executive as well as the legislature.
Justice and the protection of the people's welfare are the underlying objectives of the PILs.
These laws are used primarily to protect collective interests and not individual rights, for which we have Fundamental Rights.
High Courts and the Supreme Court have the power to issue a Public Interest Litigation.
In most cases, courts have used it to review a public body's decisions or actions or the failure to act by it.
PILs have significantly shaped India's politics. Their decisions have led to some landmark judgments in India, such as the banning of instant triple talaq, the opening of the Sabarimala and Haji Ali shrines to women, legalizing consensual homosexual relationships, and legalizing passive euthanasia.
First PIL Case in India
P.N. Bhagwati and V.R. Krishna Iyer can be credited for introducing Public Interest Litigation in India into the legal system. An article in a news report that pointed out the hardships undertrial prisoners were facing in Bihar, where they had spent years in prison without being punished, caught the attention of an attorney, who filed a declaration in the Supreme Court to defend these undertrial prisoners. Hussainara Khatoon v. State of Bihar (1979) was the first PIL case to be heard in the Supreme Court.
Who Can File a PIL?
An individual or a group can file a PIL in their own interest, i.e., to protect or enforce a right owed by the government or for a section of society that is disadvantaged or oppressed and is unable to enforce their own rights.
In cases of PILs, the concept of "Locus Standi" has been relaxed so that the Hon'ble Court can consider grievances of the poor, illiterate, deprived, or disabled and cannot approach the courts on their own. In good faith, you will have a locus standi to file a PIL only if you are interested in the proceeding. Persons who seek the Hon'ble Court's assistance for their own benefit, private gain, political gain, or other oblique considerations will be turned down.
Procedure to File PIL in India
Citizens and organizations in India who are interested in a specific cause or public interest can file a petition with the court:
In the Supreme Court, under Article 32
In the High Courts, under Article 226
In the Court of Magistrate, under Section 133 of the Criminal Procedure Code
A court can consider a letter to be a writ petition and act accordingly. In order for the court to grant the writ petition, it must comply with the following requirements:
Letter written by aggrieved parties, community-spirited individuals, or social action groups urging legal enforcement, or
In the case of poverty or disability, the constitutional rights of those who cannot approach the court for redress.
As long as the court is satisfied with the case, it can also act on the basis of newspaper reports.
Did You Know?
In India, we have a very important constitutional body that takes care of the recruitment and conducts various exams for government vacancies and that body is the Union Public Service Commission (UPSC). In every competitive exam, Public interest litigation UPSC is one of the important topics of Indian Polity that can help you gain more marks.
Conclusion
Thus, we can say that a PIL is a very important instrument of social change that helps the poor community to seek justice from the courts. Accessibility of the Justice system to all the poor as well as marginalized people is considered as the major objective of this instrument. On the other hand, it also helps in judicial review as well and also helps to throw light on the issues in which aggrieved parties cannot directly access justice or do not know their rights.
FAQs on Public Interest Litigation in India
1. What is Public Interest Litigation (PIL) in India in simple terms?
In simple terms, a Public Interest Litigation (PIL) is a legal tool that allows any individual or organisation to approach a court of law to seek justice for a group of people whose rights have been violated. Unlike a regular case where only the affected person can file a suit, a PIL can be filed by a third party on behalf of the public, especially for those who are poor, marginalised, or unable to approach the court themselves.
2. What is the main purpose and importance of PIL in the Indian judicial system?
The primary purpose of Public Interest Litigation is to make justice accessible to all and to protect the public interest. Its importance in the Indian judicial system is immense:
It protects the fundamental rights of marginalised and underprivileged sections of society.
It serves as a powerful instrument of judicial review, holding the government and public authorities accountable for their actions.
It has been instrumental in addressing widespread issues like environmental pollution, human rights violations, and corruption.
It has democratised the justice delivery system by relaxing the traditional rule of 'locus standi' (the right to bring an action).
3. Who can file a Public Interest Litigation in India?
Any Indian citizen or organisation acting in the public interest can file a PIL. The person filing the petition need not be the aggrieved party. The court can also take up a matter on its own initiative, based on media reports or letters. This is known as taking suo motu cognisance. The key condition is that the petition must be filed for a genuine public cause and not for personal gain or malicious intent.
4. Who were the pioneers who introduced the concept of PIL in India?
The concept of Public Interest Litigation was pioneered in India by Justice V.R. Krishna Iyer and Justice P.N. Bhagwati. They played a crucial role in the late 1970s and early 1980s by relaxing the procedural laws to make the judiciary more accessible to the poor and marginalised, thus paving the way for PIL as a powerful tool for social justice.
5. What are some key features of a Public Interest Litigation?
Public Interest Litigation has several distinct features:
It is not a form of adversarial litigation but a cooperative effort to find a remedy for a public grievance.
The rule of locus standi is relaxed, allowing any public-spirited citizen to file a case.
The procedural requirements are very flexible; a simple letter or postcard addressed to the court can be treated as a writ petition.
It is primarily directed at ensuring the enforcement of constitutional and legal rights for the public good.
6. Is there a specific 'Public Interest Litigation Act' that governs PIL in India?
No, there is no separate Act or legislation that governs Public Interest Litigation in India. PIL is a product of judicial innovation and has evolved through the interpretation of constitutional provisions by the Supreme Court and High Courts. It is derived from the powers granted to the judiciary under Article 32 (for the Supreme Court) and Article 226 (for High Courts) of the Indian Constitution to enforce fundamental rights.
7. How does Public Interest Litigation relate to the concept of Judicial Activism?
Public Interest Litigation is one of the most significant manifestations of Judicial Activism in India. Judicial activism refers to the proactive role played by the judiciary in protecting the rights of citizens and promoting justice in society. Through PILs, the judiciary has moved beyond its traditional role of merely interpreting the law to actively directing the executive and legislature to perform their duties, thereby ensuring social, economic, and political justice for all.
8. What is the fundamental difference between Public Interest Litigation and Private Litigation?
The fundamental difference lies in the purpose and the parties involved. In private litigation, an individual or a private entity files a case to protect their own personal rights or interests against another private party. In contrast, Public Interest Litigation is filed to protect the rights of the public or a section of the public. The focus of PIL is not on individual grievances but on redressing a public wrong or injury.
9. What kind of issues can be raised through a PIL? Can you provide some examples?
A wide range of public issues can be raised through a PIL. Generally, petitions related to the violation of basic human rights of the poor, environmental protection, and maintenance of public services are accepted. Some famous examples of issues addressed through PILs in India include:
The release of bonded labourers.
Protection of the environment, such as cleaning of the Ganga river and preventing air pollution in Delhi.
Securing the right to food in drought-affected areas.
Ensuring the provision of mid-day meals in schools.
10. While PIL is a powerful tool, what are some potential misuses or criticisms associated with it?
Despite its benefits, PIL has faced criticism for its potential misuse. Some have argued that it can lead to judicial overreach, blurring the lines between the judiciary, executive, and legislature. Critics also point out that the courts can become overburdened with frivolous PILs filed for publicity or private interests, which are sometimes referred to as 'Private Interest Litigation' in disguise. This can divert judicial time and resources from genuine cases.
