American jurisprudence has given rise to the concept of public interest litigation, where it was originally used to provide legal representation for previously unrepresented groups such as the poor, racial minorities, unorganised consumers, and environmentalists.
It must be a phrase you have heard quite frequently, at least in the news. We are at a time when PILs are becoming more and more important in our legal system. Neither a statute nor an ordinance define the term. A variety of judgments have contributed to the development of the meaning. Anyone who supports a public cause or has a public interest or welfare can petition the court for a public cause. When discussing public interest in this context, one of the most frequently asked questions is: What’s public interest? A public interest act is one that is in the public’s interest if it benefits the public as a whole.
Unlike the United States, India filed its first PIL in 1976, Mumbai Kamgar Sabha v. M/s Abdulbhai Faizullabhai and others, which was declared on February 21st, 1977 by the Supreme Court of India. It was through this landmark judgment that Justice Krishna Iyer sowed the seeds of a PIL. In the years that followed, the concept of PIL evolved and developed greatly with the efforts of Justice Bhagwati. Known throughout India as the Champion of PILs, he plays a major role in this field.
As for the other historical PIL, Hussainara Khatoon v. State of Bihar, it was filed on behalf of prisoners’ rights. In addition to being the first PIL in India, many consider this case to be the first PIL worldwide. This court took note of the extremely prolonged detention pending trial of undertrials in Bihar who, for the offenses they were charged with, had been detained for substantially longer periods than their maximum sentence. The court not only proceeded to make the right to speedy trial the central issue of the case but passed the order of general release of close to 40,000 under trials who had undergone detention beyond such maximum period.
- Is public interest litigation something you should know about?
- A public interest lawsuit differs from an ordinary lawsuit in that it is intended to serve a public interest. There is no enforcement of one person’s rights against another in this form of justice. Litigation of this type is aimed at providing justice to the underprivileged sections of society. The petitioner, the court, as well as the government are all involved in the process. We are gratified to see courts taking all possible measures to provide access to public spirited individuals and even non-governmental organizations to file petitions on behalf of people unable to approach them directly.
- He is a lawyer by profession and a committed environmentalist by choice, M.C. Mehta is a very prominent PIL activist in India. He seems to have been driven by an environmental mission in life, judging from the scores of PILs he filed. The Supreme Court has issued about 40 landmark judgements and numerous orders against environmental offenders as a result of his efforts alone. A number of landmark judgements have been handed down as a result of his PILs:
- A case of petroleum gas leakage
- Pollution caused by motor vehicles in Delhi
- An investigation into child labour
- Gamma Rays and their Effects
- A case involving Ganga pollution… a few examples.
A variety of orders and judgements have been passed by the Supreme Court in PIL cases that have demonstrated judicial activism. The term “Judicial Activism” indicates a court’s eagerness to formulate a new rule to resolve a conflict or to determine whether there is no law on a particular issue in the event of uncertain laws.
PIL filing instructions
According to Article 32 of the Indian Constitution, a PIL can be filed in the Supreme Court and in the High Courts.
Numerous steps have been taken by the Supreme Court in support of PILs. In comparison to other ordinary petitions, filing of this petition is very straightforward and relaxed. It has been accepted as a petition even if it is addressed to the Supreme Court by someone acting in the public interest, whether it is a letter, post card, newspaper article or email. An individual or group of individuals who cannot approach the court directly (due to poverty, disability, social backwardness, etc.) can file a PIL if they receive a simple complaint that they have been injured by the law. Having a person incur expenses and approach the court through ordinary litigation would be unfair in such cases, the courts acknowledge.
As a result of the landmark decision D.K. Basu v State of West Bengal, the court acted on a letter petition which raised awareness about custodial deaths in the state. It was also mandated by the court that a relative of the arrested must be notified as soon as possible. The court emphasized that contempt of court would be punished if the instructions were not followed. In early PILs, victims of human rights violations had been awarded compensation by the courts. As a result, this practice has become known as ‘epistolary jurisdiction,’ or the initiation of proceedings based on letters.
PILs can also be filed with no locus standi requirements thanks to changes made by the Supreme Court. Persons with locus standi are those who can approach courts because they have sufficient connection to a particular case. Legal harm sufferers can therefore seek redress from the court if they have actually suffered harm. Nevertheless, a PIL allows anyone who is interested in helping the public to ask the court for redress, regardless of whether they are directly affected by the legal harm.
In this regard, it is important to note that a PIL cannot be withdrawn once it has been filed. In addition, the courts may take suo motu cognizance of matters of national importance. A court can initiate proceedings against a party suo motu, or on its own initiative.
In contrast, filing a PIL follows the same process as filing a writ petition.
In High Court
The petition must be filed in two (2) copies in a High Court if there is a Public Interest Litigation. Each respondent, i.e. opposite party, must also receive an advance copy of the petition, and proof of service must be attached to the petition.
In Supreme Court
The opposite party is served with a copy only after notice is issued in public interest lawsuits filed in the Supreme Court. This is based on (4)+(1) (i.e. 5) sets of petition.
Court Fees
It is mandatory to attach court fees of Rs. 50 per respondent, per opposite party (i.e. $50 per opposing party).
The PIL has been criticized
Over the past few years, PILs have been heavily criticized. It is generally contested that courts attempt to usurp legislative and executive functions by entertaining PILs and exercising judicial activism. The Supreme Court ruled, in Bandu Mukti Morcha v. Union of India [AIR 1984 SC 802], that the courts are not usurping the functions of the Legislature or the Executive by performing the aforementioned actions but rather assisting them in realising the Constitutional goals of the Judiciary.
Additionally, the locus standi principle has been significantly weakened. There is an argument that this dilution has led to frivolous cases being brought either to gain publicity rather than to serve the interests of the litigant or to fulfill a political objective. It has been common for courts to dismiss petitions and impose heavy costs in such instances. In the future, people are less likely to file similar PILs as a result of this.
Read more
A public interest lawsuit is one that seeks to protect the public interests
What is the importance of Public Interest Litigation?
The PIL Connection: A Look at the Lives of Four Great Leaders
