Public Interest Litigation

Introduction to PIL

The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, racial minorities, unorganised consumers, etc.

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, etc. It is not defined in any statute but has been interpreted by judges to consider the intent of public at large.

It is the power given to the public by courts through judicial activism. The person filing must prove it is for public interest. The court can also take cognizance of the matter suo motu.

Some matters entertained under PIL:

Bonded Labour matters
Neglected Children
Non-payment of minimum wages and exploitation of workers
Atrocities on women
Environmental pollution and disturbance of ecological balance
Food adulteration
Maintenance of heritage and culture

Genesis and Evolution of PIL in India

Initial Seeds (1976): Sown by Justice Krishna Iyer in Mumbai Kamagar Sabha vs. Abdul Thai.
First Reported Case (1979): Hussainara Khatoon vs. State of Bihar. Focused on inhuman prison conditions and undertrial prisoners, leading to the release of over 40,000. The Right to speedy justice emerged as a basic fundamental right.
New Era (S.P. Gupta vs. Union of India): Heralded by Justice P.N. Bhagawati. Held that "any member of the public or social action group acting bonafide" can invoke writ jurisdiction. Justice Bhagwati even treated ordinary letters from public-minded individuals as writ petitions.
Private to Public Interest: In Indian Banks’ Association vs. M/s Devkala Consultancy, the SC held a private interest case can be treated as a public interest case.
Environmental PIL (M.C. Mehta vs. UOI): SC held the petitioner was entitled to move the court to prevent Ganga water pollution, as he was interested in protecting the lives of the people who use Ganga water.
Fundamental Rights (Vishaka v. State of Rajasthan): Recognized sexual harassment as a violation of Article 14, 15, and 21. This led to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Factors Responsible for the Growth of PIL

The character of the Indian Constitution: Part III (Fundamental Rights) and Part IV (DPSP) provide a framework for regulating state-citizen relations.
Progressive social legislations: Laws on bonded labor, minimum wages, environmental protection, etc., made it easier for courts to hold the executive accountable.
Liberal interpretation of locus standi: Any person can apply on behalf of those economically or physically unable. Judges also initiated *suo moto* action.
Enforcing DPSPs: Courts creatively read non-enforceable DPSPs into Fundamental Rights (e.g., Art. 21 "right to life" was expanded to include right to education, dignity, etc.).
Judicial innovations: Shifting the burden of proof (Bandhua Mukti Morcha) or allowing direct SC access for minimum wage (Asiad Workers judgment).
Appointing commissions: Courts appoint commissions to collect information when petitioners cannot provide all evidence.

Who Can File a PIL and Against Whom?

Who Can File?

Any citizen can file 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.

The court must be satisfied it is for public interest and not frivolous litigation.

Against Whom?

A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party.

The definition of 'State' is the same as given under Article 12 of the Constitution (Govt. and Parliament of India, Govt. and Legislature of states, and all local or other authorities).

Significance of PIL

The aim of PIL is to give to the common people access to the courts to obtain legal redress.
PIL is an important instrument of social change and for maintaining the Rule of law.
The original purpose of PILs has been to make justice accessible to the poor and the marginalised.
It is an important tool to make human rights reach those who have been denied rights.
It democratises the access of justice to all.
It helps in judicial monitoring of state institutions like prisons, asylums, protective homes, etc.
It is an important tool for implementing the concept of judicial review.

Certain Weaknesses of PIL

May give rise to the problem of competing rights (e.g., closing a polluting industry deprives workmen of livelihood).
Could lead to overburdening of courts with frivolous PILs by parties with vested interests (corporate, political, or personal gains).
Cases of Judicial Overreach can take place as the judiciary solves socio-economic or environmental problems.
Inordinate delays in the disposal of PIL cases may render many judgments merely of academic value.

PIL: Short Notes

Topic	Details
Origin	Originated and developed in the USA in 1960. To provide legal representation to previously unrepresented groups and interest.
Meaning of PIL	PIL is a product of the judicial activism role of the Supreme Court. It was introduced in 1980s. Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of PIL. Also known as: Social Action Litigation (SAL), Social Interest Litigation (SIL), Class Action Litigation (CAL). Any Public-spirited citizen on a social organisation can move the court for the enforcement of the Rights of any person or Group of person etc. Maintaining Rule of Law. Meaningful realisation of Fundamental Rights.
Features of PIL	Reach of the people (poor masses), who constitute the Low visibility area of humanity. Role held by the Court is more assertive than in traditional action.
SC 1988 Guidelines (Entertained as PIL)	Bonded labour matters Neglected children Non-payment of minimum wages to workers Petition from riot victims harassment, burning, rape, murder, kidnapping, Family pension etc.
Not Entertained as PIL	Landlord–tenant matters Service matters Complaints against Central/ State Government. Admission to medical and other educational institution. Petitions for early hearing of cases Pending in High Courts and Subordinate Courts
Principles of PIL	Imp. exercise in powers under Articles 32 and 226 of the Constitution. Constitutionally bounded to protect the Fundamental Rights Satisfied about violation of any FRs of a groups. Disputes b/w Group of peoples in the realm of private law would not be allowed to agitate as a PIL. Special situation may appoint commission.
Supreme Court on PIL	In this Context, “PIL is not a pill or a panacea for all wrongs.” Protect basic Human Rights HC should not entertain a writ petition by way of PIL.
History of PIL in India	January 1979: The Indian Express reported about the inhuman condos. in which 18 prisoners... were languishing in Patna and Muzuffarpur jails... Kapila Hingorani, and her husband Nirmal Hingorani, adurates prisoners. But back then, according to Indian law, a petition could only be filed if you were a victim or a relative. The couple then hit upon the novel idea of filing a habeas corpus petition on the prisoners behalf.
Guidelines to Admit PIL	Must encourage genuine and bona fide PIL – discourage and curb PIL filed for extraneous considerations High Court formulate rules for encouraging genuine PIL. Court should prima facie verify credentials of petitioner. Satisfy itself substantially that public interest is involved. Ensure that PIL is aimed at redressal of genuine public come and public injuries – No private motive behind a filing Ensure petition filed by ulterior motive is imposed with exemplary costs to curb such further cases

Conclusion

PIL has produced astonishing results, giving relief to bonded labourers, tortured undertrials, exploited children, and many others.
Its greatest contribution has been to enhance the accountability of governments towards the human rights of the poor.
PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations.
However, the Judiciary should be cautious to Red-600">Frivolous PILs with vested interests must be discouraged to keep its workload manageable.