Public Interest Litigation (PIL) is a legal mechanism that enables individuals or groups to seek judicial intervention in matters of public concern or interest. It allows citizens to approach the courts to address issues that affect the public at large, even if they are not directly affected parties. PIL has played a significant role in promoting social justice, protecting human rights, and upholding the rule of law in India.
The term “Public Interest Litigation” (PIL) originates from American legal practice, where it aimed to provide legal representation to marginalized groups such as the poor, racial minorities, and unorganized consumers, as well as individuals passionate about environmental issues.
In essence, PIL refers to legal action initiated in a court of law to safeguard “Public Interest,” encompassing concerns like pollution, terrorism, road safety, and constructional hazards, among others. While not explicitly defined in any statute or legislation, PIL has been judicially interpreted to address matters impacting the broader public.
It represents a form of judicial activism empowering the public to seek redressal for issues affecting the collective welfare. However, those initiating PIL must demonstrate to the court that their petition serves the public interest and is not merely frivolous litigation brought forward by an individual with no genuine concern for broader societal welfare.
History of PIL in India
In 1979, Kapila Hingorani, a lawyer, filed a petition before a Bench led by Justice P N Bhagwati in the Supreme Court, known as the ‘Hussainara Khatoon’ case, resulting in the release of nearly 40,000 undertrials from Patna’s jails. This landmark case marked the beginning of Public Interest Litigations (PILs) in India, earning Hingorani the title of the ‘Mother of PILs’.
Justice Bhagwati played a significant role in promoting PILs by allowing cases to proceed without strict adherence to procedural technicalities. He and Justice V R Krishna Iyer were among the pioneering judges in India to admit PILs, considering even ordinary letters from public-minded individuals as writ petitions.
Public Interest Litigation (PIL) in India
- Public Interest Litigation (PIL) is initiated in a court of law by a private party or by the court itself, rather than the aggrieved party.
- PILs serve as a powerful mechanism for holding the executive and legislative branches accountable to legal obligations.
- The primary objective of PILs is to ensure justice for all and promote the welfare of the people, focusing on group interests rather than individual rights protected by Fundamental Rights.
- Both the Supreme Court of India and the High Courts have the authority to entertain PILs.
- The concept of PILs is rooted in the power of judicial review, allowing courts to review the lawfulness of decisions or actions taken by public authorities.
- PILs have relaxed the principle of locus standi, which traditionally required only those directly affected to file petitions.
- PILs are commonly used to challenge the decisions of public authorities through judicial review, ensuring their legality and accountability.
- PILs have led to significant judicial decisions in India, including the banning of instant triple talaq, permitting women’s entry into Sabarimala and Haji Ali shrines, legalization of consensual homosexual relations, and approval of passive euthanasia, among others.
Procedure to file a PIL
Any Indian citizen or organization has the right to approach the court for matters of public interest by filing a petition:
In the Supreme Court under Article 32 of the Constitution,
In the High Courts under Article 226.
The court has the discretion to treat a letter as a writ petition and initiate action based on it. However, the court must ensure that the petition meets certain criteria: it must be addressed by either the aggrieved individual, a public-spirited individual, or a social action group seeking the enforcement of legal or constitutional rights for those unable to approach the court due to poverty or disability. Additionally, the court may also take action based on newspaper reports if it deems the case to be satisfactory.
Importance of PIL
- PILs were initially intended to provide justice to the impoverished and marginalized segments of society.
- They serve as a vital mechanism to extend human rights to individuals who have been deprived of them.
- PILs promote the democratization of access to justice, allowing any capable citizen or organization to file petitions on behalf of those who lack the means or capacity to do so themselves.
- These petitions aid in the judicial oversight of state institutions such as prisons, asylums, and protective homes.
- PILs play a significant role in judicial review processes.
Criticism of PIL
- In recent times, PILs have been exploited for gaining publicity, with individuals filing frivolous petitions that waste the courts’ time.
- Some people have utilized PILs to pursue political agendas, further burdening the judiciary unnecessarily.
- Even if these petitions are eventually dismissed, considerable time and effort are expended by the courts before reaching this decision.
- Currently, only judges possess the authority to dismiss a petition, while the SC or HC Registry merely ensures that the technical requirements for filing a petition are met.
- Consequently, petitions are admitted to the court regardless of the case’s merits, exacerbating the issue of frivolous litigation.
In conclusion, while Public Interest Litigation (PIL) serves as an essential tool for upholding public welfare and ensuring justice for all, it is imperative that its use remains responsible and accountable. The courts must guard against abuse of the PIL process by individuals seeking to delay legitimate administrative action or achieve personal or political objectives. It is crucial for PIL activists to demonstrate bona fide intentions, and the courts should carefully consider the impact of their decisions on public interests. Moreover, while PIL offers an accessible remedy for citizens, it should not be misused as a substitute for ordinary litigation or for filing frivolous complaints.