An American Jurisprudence concept known as “public interest litigation” was borrowed from the concept of “action for the public interest.” These lawsuits were developed in the 1960s to provide legal representation to previously unrepresented groups, primarily minorities, individuals who were in custody, migrant workers, and forced bond laborers. These segments of society are underserved by the ordinary legal services market, which was established with the belief that it fails to provide fair services.
A public interest litigation is a judicial proceeding filed for the purpose of protecting the public interest. Despite the lack of a definition in any act or statute, PIL principally addresses:
- The poor are violated in their basic human rights
- Policy formulation and implementation by the government
- Another fundamental right has been violated
PIL provides
- It provides vigilant citizens with a reasonably priced legal remedy because it has a nominal court fee.
- In terms of protection of their basic rights, litigants are able to achieve results related to public issues at large.
The Supreme Court acts as a judicial activist in India in the field of PILs. A few years after its introduction in the early 1980s, it was taken up by Justices V.R. Krishna Iyer and P.N. Bhagwati. The first ever PIL has been filed on behalf of thousands of prisoners at the Bihar jail in 1979 by a public interest lawyer concerned about the inhumane conditions within the jail. Hussainara Khatoon v. State of Bihar is the first such case ever filed against the government. According to Justice P.N. Bhagwati, the Supreme Court bench that released the prisoners was entitled to free legal aid as well as a prompt trial.
PIL: What it means
Lawsuits filed for the purpose of protecting the public interest are known as public interest litigation. It was the relaxation of the traditional “locus standi” rule that resulted in PILs being introduced in India. It stated that the court could only pursue remedies if a person’s rights had been violated. This rule is not applicable to PILs. Public Interest Litigation, also known as Social Interest Litigation, is a process in which written complaints about violations of fundamental rights are turned into petitions by public-spirited individuals or organisations. Members of the public can therefore approach the court to enforce the rights of others if they have sufficient interest therein. It is necessary to bring a PIL in order to maintain the rule of law.
Prafullachandra Natwarlal Bhagwati
Born in December 1921, P.N. Born in December 1921, P.N. Serving as Chief Justice of India from July 1985 to December 1986, P.N. A pioneer of Indian judicial activism, he served as chief justice from 1985 to 1986. As a result of his efforts, India has the concept of Absolute Liability and public interest litigation. At a World Congress on Human Rights held in 1989, he was recognized by the President for his contribution to legal aid and the rule of law for the poor. Observing the work of the Presidential Commission of Inquiry into allegations of human rights violations in Sri Lanka was one of his tasks.
His judicial activism, coupled with locus standi, provided P.N. Indian courts are able to transform society at large in a way that would otherwise not be possible.
Characteristics of PIL
There have been several issues incorporated into PIL, but these litigations share some common characteristics. The following are included:
- Generally, a PIL is a non-adversarial lawsuit in which one party defends the interests of the other party at odds. It has become increasingly evident that PIL can be used to change social norms instead of focusing on a traditional litigation model.
- Citizens and their representatives can approach the court through PILs based on the principles of citizens and their representatives.
- PILs are designed to rectify wrongful actions and create a dynamic, welfare-oriented system of justice. Therefore, the Directive Principles are incorporated as fundamental rights under part III of the constitution, even though their claims cannot be brought directly to courts.
- As well as strengthening the role of the judiciary as a watchdog over other government organs, such as the executive and legislature, PIL also strengthens the role of the judiciary within the political system. Prisons have improved in quality since the fear of being hauled before a court has caused them to be more efficient. A country house that provides protection.
PIL Scope
As part of its guidelines for entertaining letters and petitions received as PILs, the Supreme Court formulated guidelines in 1998. A second set of guidelines was issued in 1993 and a third one in 2003. A PIL can recognize the following letters and petitions:
- The bonding of labor
- Taking advantage of children who are neglected
- Workers are not being paid minimum wages.
- Women are often subjected to atrocities, including rape, murder, kidnapping, and harassment during their wedding ceremonies.
- A food product that is adulterated
- There is pollution in the environment
- There have been many petitions from prisoners regarding inhumane treatment, death in prison, and speedy trials.
- Victims’ petitions in response to riots.
- Involvement of police or co-villagers in harassment of villagers.
As an exception, the following matters will not be entertained as PILs:
- Problems between tenants and landlords.
- In relation to pensions and gratuities, a service matter has arisen.
- An admissions interview for medical schools or other educational institutions.
- The Central Government, State Governments, and Local Bodies are the subjects of complaints.
- In the High Courts or Subordinate Courts, applications for early hearings may be filed.
Principles of Public Interest Litigation
A number of principles were laid down by the Supreme Court regarding PILs. The following are among them:
- A petition filed by a person who is in a disadvantaged position and cannot access the courts is entitled to be heard by the Court under Articles 32 and 226 of the Constitution of India. These people’s fundamental rights must be protected by the courts.
- The court will not hesitate to invoke Indian Constitution articles 14 and 21 as well as International Convention on Human Rights when injustice is meted out to a large number of people.
- A Court may not allow the State to challenge a petition for maintainability when it is prima facie satisfied that a constitutional right was violated by a group of backward people.
- Even though PIL cases are subject to procedural laws, it depends on the nature, facts, and circumstances of the case to determine whether res judicata or its analogs apply.
- The state would not allow PILs to be filed in disputes between two groups which are purely private in nature.
- Courts can accept petitions for public interest when they are filed by a petition for redress of private grievances and private interests.
- A policy cannot be transgressed by the Court. As it protects the rights of the people, it should take care not to transgress its jurisdiction.
Admitting PILs according to the guidelines
In the administration of law, PIL has become a crucial component. Due to the advent of Personal Injury Litigation, these have been misused for personal gain, resulting in frivolous litigation on matters that are not related to the individual’s interests. Due to this, the Supreme Court has approved guidelines for preventing the misuse of public interest litigation.
- There should be a strong commitment on the part of the Court to encourage and discourage bona fide PILs and discourage the filing of PILs for extraneous reasons.
- PILs pertaining to personal gains should be discouraged in the High Court under rules designed to encourage and encourage genuine PILs.
- Before acknowledging a PIL, it is essential to verify the credentials of every petitioner.
- Besides assessing whether the PIL is prima facie true, the Court must also determine if the content of the PIL satisfies its requirements.
- There should be a substantial public interest involved in the PIL for the Court to approve it.
- There ought to be a significant public interest at stake, and the urgency and gravity of the matter should be prioritized.
- Assuring that the PIL is not intended for personal gain, and that it aims to redress public injury, is necessary for the Court.
A landmark judgment
In the case of M.C. Mehta v. Union of India, a PIL was filed in the matter of the Ganga water getting polluted, to prevent any further pollution of the water. As a person who is trying to protect the lives of people who use the water of Ganga every day, despite not being an owner, the petitioner is entitled to move the court for the enforcement of statutory provisions.
A conclusion follows
A remarkable amount of damage has been done through Public Interest Litigation since it was introduced in the 1990s. State responsibility for legal violations affecting the interests of the underprivileged has been developed in PIL through a new jurisprudence. To avoid overreach violated by the principle of Separation of Power, the Judiciary should be cautious when applying PILs.
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