Public Interest Litigation is a legal mechanism through which any individual or organisation can seek judicial intervention in matters of public interest. PIL originated and developed in the USA in the 1960s. In India, it was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer. This article will explain the topic Public Interest Litigation (PIL) which will be helpful in preparing the Polity and Governance section for the IAS / UPSC Civil Service Examination.

Concept

• Public Interest Litigation is a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or some interest by which their legal rights or liabilities are affected.
• It was facilitated by the relaxation of the traditional rule of “locus standi.” Locus standi” means only person whose rights are infringed alone can move the court for the remedies.
• PIL is absolutely necessary for maintaining the rule of law, furthering the cause of justice and accelerating the pace of realization of the constitutional objectives.
• A PIL allows a socially conscious citizen or a public-spirited NGO to pursue a public cause by seeking judicial redress of a public injury.
• There is no legislation or statute that defines it. It was formed in India by the judiciary when it chose to take up concerns of human rights violations in the 1970s and 1980s.

Historical Background

• The seeds of the concept of public interest litigation were initially sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamgar Sabha vs. Abdul Thai.
• The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979) which focused on the inhuman conditions of prisons and under-trial prisoners that led to the release of more than 40,000 under-trial prisoners.
• A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta vs. Union of India.

​Examples -

• M.C Mehta vs. Union of India: In a Public Interest Litigation brought against Ganga water pollution so as to prevent any further pollution of Ganga water. The Supreme Court held that petitioner, although not a riparian owner, is entitled to move the court for the enforcement of statutory provisions, as he is the person interested in protecting the lives of the people who make use of Ganga water.
• Vishaka v. State of Rajasthan: it recognized sexual harassment as a violation of the fundamental rights of Article 14, Article 15, and Article 21. It laid down elaborate guidelines to deal with the menace of sexual harassment against women at workplaces.

Ambit of the PILs in India

The PILs in India, as discussed, are mainly concerned with the public interest at large. In many years of its history, it has seen litigations on road safety, prisoner’s rights, road safety, environment, etc. Broadly, the following are the categories in which PILs are filed:

• Violation of the basic human rights of the poor (litigations for protection of fundamental rights, mainly Article 21)
• Content and conduct of the government and its policymaking
• Labor exploitation issues
• Women rights
• Caste and religious issues
• Governance issues and the working of public bodies: Local, state, and the union
• Environmental issues
• Issues of culture and heritage
• Other matters of public importance

Guidelines to be Followed for PIL

• Court must encourage genuine and bonafide PIL and effectively discourage and curb the PIL filed for extraneous considerations.
• Petition involving individual/ personal matter shall not be entertained as a PIL.
• Court shall be Prima facie satisfied regarding the correctness of the contents of the petition before entertaining PILs.
• Petitions involving larger Public Interest, gravity and urgency must be given priority over other petitions.
• Petitions should aim at the redressal of genuine public harm and public injury.

Factors that have Contributed to the Growth of PIL

• Parts III (Fundamental Rights) and IV (Directive Principles of State Policy) establish a framework for governing inter-se interactions between the state and its inhabitants.
• In terms of bonded labour, minimum wages, land ceilings, environmental protection, and other issues, India has some of the most progressive social legislation in the world. As a result, the court has begun to hold executives accountable when they fail to carry out their responsibilities in protecting the poor's legal rights.
• Judges can take so-called "suo moto" action based on newspaper articles and letters, according to a liberal interpretation of the locus standi.
• Although the social and economic rights enumerated in Part IV of the Constitution are not legally enforceable, courts have creatively interpreted them as Fundamental Rights. For example, under Article 21, the right to life has been broadened to encompass free legal help, the right to live in dignity, the right to education, and the right to work.
• Courts have created commissions to collect information on facts and submit them before the bench in PIL cases where the petitioner is unable to furnish all relevant evidence, either because it is voluminous or because the parties are socially or economically poor.

Who Can Be Sued Under The Public Interest Litigation Act?

• A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not against any private party.
• According to Art.12, the term State includes the Government and Parliament of India and the Government and the Legislatures of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India.

Examples Of Some Landmark PILs

Sheela Barse vs State of Maharashtra (February 15, 1983):

• This was a historic judgment that dealt with the issue of custodial violence against women in prisons.This resulted in an order facilitating separate police lockups for women convicts in order to shield them from further trauma and brutality.

Bandhua Mukti Morcha vs. Union of India (1984):

• It was a landmark case addressing the issue of bonded labour in India. The Supreme Court recognized bonded labour as a violation of fundamental rights and directed the government to take immediate action. The ruling led to the liberation of many bonded labourers and mandated rehabilitation programs. It raised awareness about the issue and paved the way for legislative measures against bonded labour.

MC Mehta vs Union of India (Pollution in the Ganga):

• This judgement delivered on January 12, 1988, lashed out at civic authorities for allowing untreated sewage from Kanpur’s tanneries to make its way into the Ganges.
• It was the beginning of green litigation in India. In 1996, environmentalist M C Mehta’s PIL, (M C Mehta vs Union of India on December 30, 1996) resulted in stringent orders against Mathura refineries for polluting the ambient air around the Taj Mahal.

The 2G Judgement

• As a result of separate PILs by Subramanian Swamy and Prashant Bhushan, the Supreme Court scrapped 122 2G licenses.
• Court criticized a first-come-first-served’ policy as the basis for allocating natural resources. It advised to use auctions for allocations.

Indira Sawhney judgment

• In 1992, the Supreme Court responded to a PIL filed by lawyer Indira Sawhney and introduced 27% reservation for backward classes in posts and services under the Government of India.
• Supreme Court justified reservation to address age old discrimination which is the result of the Chaturvarna System. The court also directed that such a system should not exceed a tenure of ten years once a particular section is adequately represented in society.

Other Examples:

• Ban on the sale of liquor near highways, ban on the sale of firecrackers in NCR, the abolition of Section 377, etc.

Significance

• The goal of PIL is to provide people with regular access to the courts in order to seek legal remedy.
• PIL is a critical tool for social transformation, preserving the rule of law, and accelerating the balance of law and justice.
• PILs were created with the intention of making justice more accessible to the poor and marginalized.
• It is a critical tool for bringing human rights to those who have been denied them.
• It ensures that everyone has access to justice. Anyone who is capable of doing so can file petitions on behalf of others who are unable or do not have the resources to do so.
• It aids judicial oversight of state institutions such as prisons, asylums, and protective homes, among others.
• It's a crucial tool for putting the concept of judicial review into practice.
• The introduction of PILs ensures increased public engagement in the judicial review of administrative action.

Criticism

PIL is being criticized on the following grounds -

• PILs have been abused for private gain while ostensibly serving the public interest. Many worthwhile projects have been halted as a result of secret PILs filed in the name of public interest.
• This has been used to implement a competing rights framework. When a court orders the closure of a polluting factory, for example, the court may not take into account the interests of the workers and their families who are deprived of their livelihood.
• The practice of public interest litigation (PIL) has a tendency to lead to judicial overreach. The balance of power has shifted in favour of the judiciary as a result of this.
• The courts have done little to prevent non-genuine PILs from being filed. This adds to the already overburdened judicial system. The number of non-genuine PILs pending before the courts contributes to the judicial pendency of socioeconomically important PILs.
• Another key issue with PIL cases is that they simply provide symbolic justice. There are two ways to interpret symbology. First, as the Vishakha recommendations showed, the actual lawmaking took far too long, rendering court directions ineffectual. Second, when the state is unable to enforce DPSPs, they are converted to FRs. The concept of fundamental rights is devalued when rights are created that cannot be enforced.

Way Forward

• PIL plays a significant function in the civil justice system because it provides a path to justice for those who are marginalized in society and may not even be aware of their rights.
• Allowing real PILs while discouraging frivolous ones is a good way for the judiciary to find a balance. This can be accomplished by limiting PIL to situations in which access to justice is hampered by a disability.
• At the same time, it's worth investigating whether some sort of financial incentives—such as a protected cost order, legal assistance, pro bono litigation, support for PIL civil society, and amicus curiae briefs—should be offered in exchange for legitimate PIL lawsuits not being discouraged.
• Judicial Activism should not take the form of Judicial Adventurism while addressing PILs

Conclusion

Since its inception, PIL has played a pivotal role in addressing socio-economic inequalities, promoting environmental sustainability, and upholding fundamental rights enshrined in the Constitution. PILs facilitate access to justice for marginalized groups and individuals. Through PIL, the Indian judiciary has demonstrated its commitment to ensuring accountability, transparency, and the protection of the rule of law. However, despite its significant contributions, PIL also faces challenges such as the potential for misuse and delays in the judicial process. Thus, while celebrating its achievements, it is imperative for stakeholders to continue refining and strengthening the PIL framework to uphold its effectiveness and integrity in serving the public interest and advancing justice

FAQs

MCQs

1. Which article of the Indian Constitution allows PIL in the Supreme Court?

A. Article 19
B. Article 21
C. Article 32
D. Article 51

2. What is the primary purpose of PIL?

A. To settle private disputes
B. To address public interest issues
C. To review constitutional amendments
D. To appeal lower court decisions

3. Which of the following best describes the concept of locus standi in PIL?

A. Only the aggrieved party can file a petition
B. Anyone can file a petition for public interest
C. Courts can take up cases on their own
D. Only the government can file petitions

4. Which of the following areas is commonly addressed by PIL?

A. Corporate mergers
B. Human rights violations
C. Tax reforms
D. Election campaigns

5. What safeguard has the judiciary introduced to prevent the misuse of PIL?

A. Complete ban on PILs
B. Limiting petitions to government organizations
C. Discouraging frivolous PILs
D. Charging high fees for filing PIL

GS Mains Questions and Model Answers

Q1: Examine the significance of Public Interest Litigation in ensuring social justice in India.

Answer: PIL has played a transformative role in Indian jurisprudence, providing a voice to the marginalized and vulnerable. It has addressed various issues such as bonded labor, environmental protection, and human rights violations. By relaxing locus standi rules, PIL has made justice more accessible. It empowers citizens to hold the government accountable and ensures that constitutional values are upheld. However, the misuse of PIL remains a concern, and the courts must strike a balance between genuine public interest and frivolous litigation.

Q2: Discuss the role of PIL in promoting environmental protection in India.

Answer: PIL has been pivotal in advancing environmental protection in India. Landmark cases like the Ganga Pollution Case and the Oleum Gas Leak Case were filed as PILs, leading to stricter environmental regulations and the establishment of the "polluter pays" principle. The judiciary has acted as a custodian of environmental rights, enforcing laws and holding industries and governments accountable for pollution and environmental degradation.

Q3: Evaluate the challenges associated with Public Interest Litigation in India.

Answer: While PIL has democratized access to justice, it faces several challenges, including the potential for misuse by individuals seeking political or personal gains. The courts are often flooded with frivolous PILs, straining judicial resources. Additionally, PILs sometimes lead to judicial overreach, where courts are seen as interfering with executive functions. Despite these challenges, PIL remains a vital tool for addressing public grievances and ensuring government accountability.

Previous Year Questions on PIL

1. UPSC CSE Prelims 2018

Question: Which article of the Indian Constitution provides the right to move the Supreme Court for enforcement of fundamental rights through PIL?
A. Article 226
B. Article 32
C. Article 14
D. Article 21

Answer: B

Explanation: Article 32 of the Indian Constitution provides individuals the right to approach the Supreme Court for the enforcement of fundamental rights, which is the basis for PIL.

2. UPSC CSE Mains 2019 (GS Paper 2)

Question: "Public Interest Litigation has revolutionized Indian jurisprudence by making justice accessible to all." Discuss.

Answer: PIL has revolutionized Indian jurisprudence by making justice accessible to marginalized sections of society. By relaxing the traditional locus standi requirement, PIL has allowed individuals and groups to file petitions on behalf of those who cannot represent themselves. It has been instrumental in enforcing fundamental rights, ensuring social justice, and promoting good governance. However, the misuse of PIL for frivolous purposes must be curbed to maintain its integrity and effectiveness.

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