PUBLIC INTEREST LITIGATION

SUB TOPIC: PUBLIC INTEREST LITIGATION: A REVOLUTION IN DISGUISE?

ABSTRACT

Public Interest Litigation (PIL) serves as a means to access justice for marginalized groups in society, offers a platform to uphold rights that are diffuse or collective in nature and empowers civil society not only to raise awareness about human rights but also to engage in government decision-making processes. PIL also plays a role in promoting good governance by holding the government accountable.  PIL has evolved to include the enforcement of legal obligations of the executive and legislature through judicial review. It ensures judicial scrutiny of administrative actions with increased public participation. PILs are commonly employed to challenge decisions of public authorities based on the principles of judicial review, including the legality of actions taken or the failure to act. Public Interest Litigation (PIL) in India offers a potential blueprint for other developing nations grappling with legislative inertia, providing a means for marginalized and disadvantaged communities to seek justice. Moreover, while PIL challenges the conventional boundaries of power in a liberal democratic system, it enhances democracy by broadening its standing to encompass any citizen affected by rights violations.

KEYWORDS

Public Interest Litigation– Writs – Article 32 & 226 of Indian Constitution – Constitutional Remedies

INTRODUCTION

Public Interest Litigation (PIL) was established to safeguard the fundamental rights of economically disadvantaged individuals, lacking in education, or socially marginalized. Unlike typical litigation, PIL does not involve one private individual suing another to enforce a personal right. The crucial element in PIL is the presence of a public interest aspect. It represents a judicial approach that demonstrates an expansive evolution of the judicial process, engaging in the challenging role of mediating between existing social conditions and the aspiration for social progress. This judicial approach is increasingly utilized as a tool for fostering social development and advancing the welfare of society.

The term “Public Interest” refers to the broader concerns of the public, the general welfare, and the interests of the masses[1]. Litigation, on the other hand, denotes a legal action encompassing all proceedings initiated in a court of law with the intent to enforce a right or seek a remedy. Therefore, Public Interest Litigation signifies “any legal action conducted for the benefit of the public or to address a public grievance.” In simpler terms, public interest litigation allows any conscientious citizen to approach the court in the interest of the public good, public welfare, or public interest by filing a petition in the Supreme Court under Article 32of the Constitution[2], in a High Court under Article 226 of the Constitution[3], or before a Magistrate’s Court under Section 133 of the Code of Criminal Procedure, 1973[4].

Public interest litigation lacks a statutory definition and has instead been shaped by judicial interpretation to reflect the collective concerns of the public. This form of litigation represents a judicially activated power granted to the public. However, those initiating petitions must convince the court that their action serves the public interest and is not merely frivolous.  Courts have the authority to initiate proceedings on their own accord (suo motu) or may commence cases based on petitions from individuals with a strong sense of public duty.

PUBLIC INTEREST LITIGATION (PIL): EMPOWERING CITIZENS FOR JUSTICE

Judicial activism in India has significantly advanced through Public Interest Litigation (PIL) or Social Action Litigation (SAL). This legal mechanism aims to uphold the public interest, ensuring justice for marginalized groups. Introduced by Justices P. N. Bhagwati and V.R. Krishna Iyer, PIL relaxed the traditional locus standi rule. Before the 1980s, Indian courts, including the Supreme Court, only considered cases where parties were directly or indirectly affected. However, the Supreme Court began accepting PIL cases, allowing individuals not directly involved to raise matters of public concern. The court holds the discretion to entertain PIL applications, marking a shift in its role and approach.

Public interest litigation (PIL) aligns with the principles laid out in Article 39A[5] of the Constitution of India, emphasizing the delivery of prompt social justice through legal means. Before the 1980s, only aggrieved parties could approach courts for justice. However, following the emergency era, high courts opened avenues for public participation, allowing any member of the public or NGO to seek legal remedies in cases affecting public interest. Justices Bhagwati and V.R. Krishna Iyer were pivotal in admitting PILs in court[6].

The process of filing a PIL is less formal compared to regular legal cases; in some instances, courts have even considered letters and telegrams as PILs[7]. The Supreme Court addressed concerns raised in a letter from two professors at the University of Delhi regarding the inhumane conditions at a protective home in Agra. Additionally, in Citizens for Democracy through its President vs. State of Assam and Others[8], a letter from journalist Kuldip Nayar, alleging human rights violations under TADA, was treated as a petition under Article 32 of the Constitution of India.[9]

IMPORTANCE OF PIL

• Public interest litigation (PIL) serves as a crucial mechanism to protect the human rights of individuals who lack access to them due to poverty or other constraints. It also plays a vital role in judicial oversight of state institutions such as protective homes, prisons, and asylums. PIL aims to empower ordinary citizens to approach courts for legal redress, thereby facilitating social change and advancing justice while upholding the rule of law.
• Public interest litigation expands upon the rights to equality, life, and personal liberty enshrined in Part III of the Constitution of India. It also serves as a potent tool for societal change and welfare. Through PIL, any member of the public can seek remedies on behalf of oppressed classes by initiating a PIL.[10]
• PIL has significantly contributed to political and social transformation in India by spotlighting and addressing various public issues. It has been particularly effective in safeguarding the rights of marginalized groups such as bonded laborers, slum dwellers, and prisoners, thereby improving their living conditions. Additionally, PIL is instrumental in protecting group interests that are guaranteed under fundamental rights.

ASPECTS OF PUBLIC INTEREST LITIGATION

• Remedial Nature: The remedial nature of PIL departs from traditional rules of locus standi. It effectively integrates principles from Part IV of the Indian Constitution into Part III, transforming the procedural nature of Indian law into a dynamic welfare-oriented approach. Cases like Bandhua Mukti Morcha v. Union of India[11] and Unnikrishnan v. State of A.P.[12] exemplify this shift in judicial approach.
• Access to Justice: Public Interest Litigation (PIL) broadens access to justice by enabling concerned citizens to raise issues without encountering traditional legal obstacles.
• Representative Standing: Representative standing represents a creative extension of the recognized exception that allows a third party to file a habeas corpus petition when the affected party cannot approach the court directly. In this regard, the Indian concept of PIL is broader compared to its American counterpart, resembling a modified form of class action.
• Social Engagement: PIL facilitates judicial involvement in social issues, enabling the judiciary to address societal concerns and promote constructive change.
• Citizen Standing: The doctrine of citizen standing signifies a significant expansion of the court’s role from protecting individual rights to safeguarding the rule of law whenever it is threatened by official lawlessness.
• Judicial Intervention: Through PILs, the judiciary exercises judicial intervention, actively participating in policy issues to promote the public good.
• Non-adversarial Litigation: As articulated by the Supreme Court in People’s Union for Democratic Rights v. Union of India[13], PIL is fundamentally distinct from traditional litigation. Unlike adversarial litigation, which involves disputes between two opposing parties, PIL is oriented toward public interest and does not necessarily pit parties against each other in the typical sense.

PIL UNDER CONSTITUTIONAL REMEDIES  

The principle “Ubi Jus, Ibi Remedium,” meaning “where there is a right, there is a remedy,” has been universally recognized throughout legal history. Article 32 of the Indian Constitution grants every citizen the right to seek constitutional remedies from the Supreme Court in cases where their fundamental rights have been violated. The Supreme Court holds the authority to issue directives or mandates to ensure the enforcement of any rights enshrined in the Constitution, establishing itself as the guardian and protector of fundamental rights.

MAINTAINABILITY – ARTICLE 32 OF THE INDIAN CONSTITUTION

Article 32 of the Indian Constitution guarantees a Fundamental Right, and the jurisdiction of the Supreme Court under Article 32 is obligatory rather than optional. The Supreme Court possesses the authority to issue orders, writs, or directions, which include habeas corpus, mandamus, quo warranto, prohibition, and certiorari, as deemed essential for upholding fundamental rights.

Article 32 of the Indian Constitution serves as the foundation for Public Interest Litigation (PIL), granting citizens the right to approach the Supreme Court for the enforcement of fundamental rights in the interest of public welfare. PIL can also be initiated suo moto by the Court itself. It has emerged as a crucial avenue through which ordinary citizens can bring issues of societal importance to light and ensure the accountability of government bodies and public officials.

The Rule of Locus Standi is relaxed in PIL cases provided the petitioner acts in good faith, with PIL cases typically addressing matters of significant public welfare rather than seeking financial gain. The landmark case of PIL dates back to 1979, when an advocate filed a PIL based on a news report in the Indian Express, highlighting the deplorable conditions of prisons and under-trial prisoners in Bihar. This initiative resulted in the release of over 40,000 undertrial prisoners in what became known as the Hussainara Khatoon v.State of Bihar case[14].

SUBJECT- MATTER OF PIL

Public Interest Litigation (PIL) encompasses a wide range of concerns that affect public interest, including environmental degradation, human rights violations, corruption, and issues impacting marginalized communities. It serves as a potent instrument for tackling systemic issues and advancing social justice. Such can be initiated to address a public injury, enforce a public duty, or uphold interests of a public nature. It is crucial that the petition is filed in good faith, without personal gain, private motives, or other unrelated considerations, and genuinely serves the public interest.

Public interest issues typically encompass matters relating to:

• Cases involving bonded labor,
• Neglect of children[15],
• Exploitation of casual laborers[16] and their unpaid wages[17] (excluding individual grievances),
• Harassment or torture of individuals from Scheduled Castes, Scheduled Tribes, and Economically Backward Classes, by either fellow villagers or law enforcement,
• Concerns regarding environmental pollution[18], disruption of ecological harmony, drug abuse, food adulteration, preservation of heritage and cultural sites, artifacts, forests, and wildlife,
• Petitions filed by victims of riots,
• And other matters significant to the public welfare.

PROCEDURE TO FILE A PIL IN INDIA

Any Indian citizen or organization has the right to initiate a Public Interest Litigation (PIL) for matters of public concern. PILs can be filed in the Supreme Court under Article 32 or in a High Court under Article 226 of the Constitution of India. The court may even consider a letter as a writ petition, provided it is submitted by an aggrieved individual or someone acting in the interest of public or constitutional rights enforcement. Thus, PILs are accessible to anyone, with the sole requirement being that they are filed in the broader interest of the public. PIL empowers the public by allowing them to safeguard the interests of society as a whole through judicial intervention.

IMPACT OF PIL IN THE SOCIETY

Public Interest Litigation (PIL) has profoundly influenced Indian society, particularly in areas such as environmental protection, human rights, and consumer advocacy:

• Environmental Conservation: PIL has catalyzed significant advancements in environmental protection within India. For instance, in the landmark case of C. Mehta v. Union of India[19], the Supreme Court mandated the closure of polluting industries in Delhi, leading to the establishment of the Central Pollution Control Board to monitor and regulate pollution nationwide.
• Human Rights Safeguards: PIL has played a crucial role in safeguarding the rights of marginalized communities. In People’s Union for Democratic Rights v. Union of India[20], the Supreme Court’s intervention resulted in the abolition of bonded labor across the country, marking a pivotal step towards protecting human dignity and rights.
• Consumer Protection: PIL has also been instrumental in upholding consumer rights in India. In the case of Vishal Jeet v. Union of India[21], the Supreme Court directed manufacturers of soft drinks to disclose product contents, enhancing transparency and consumer awareness in the marketplace.

These instances underscore PIL’s role as a powerful legal tool for driving social, economic, and environmental reforms in India, ensuring accountability and promoting justice for all segments of society.

ROLE OF NGO, PUBLIC, AND COURT UNDER PIL:

NGOs in India play a crucial role in Public Interest Litigations (PILs) by championing issues of public concern, offering legal assistance, ensuring accountability, and encouraging public involvement in legal proceedings. Their contributions are pivotal in advancing social equity and reinforcing democratic values. NGOs often initiate PILs by identifying pressing issues that warrant judicial attention, leveraging their grassroots networks and specialized knowledge in areas like environment, healthcare, education, and civil rights. Through rigorous research, documentation, and partnerships with affected communities, NGOs present well-founded cases deserving of judicial review. One of the significant contributions of NGOs in PILs is amplifying the voices of marginalized and vulnerable populations who may not have direct access to the legal system. By representing these voices, NGOs bring attention to systematic injustices and advocate for inclusive and equitable legal remedies[22].

Public participation plays a crucial role in PIL in India. It ensures that PIL cases reflect genuine public interest by involving individuals and communities. This involvement enhances transparency and accountability within the legal system[23]. Any public-spirited person can file a PIL. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievances to litigate, though only a person acting bonafide and having sufficient interest in the proceeding of PIL will have locus standi and can approach the court[24].

The Judiciary, guided by the doctrine of checks and balances, plays a critical role in restraining excessive exercise of power by the legislature and executive branches. Courts assess whether challenged actions are unlawful due to exceeding authorized powers, failure to follow mandatory procedures, legal errors, or violations of principles of natural justice. The adoption of constitutional norms has significantly transformed the role of courts in governing the country. Constitutional and statutory provisions have established governmental institutions that regulate the conduct of commercial enterprises and citizens across various domains. These include social welfare, industrial relations, consumer protection, environmental improvement and forest conservation, industrial health, preservation of monuments and national heritage sites, and the welfare of children and women[25]. However, judicial expertise and access to information are inherently limited. The common law adjudicatory process may not always be the most effective approach for complex legal and administrative issues. Expanded judicial involvement in administrative processes can lead to increased costs, delays, and potential injustices that outweigh any potential benefits. Courts sometimes utilize commissions of inquiry to ascertain facts, and the relief granted may involve quasi-legislative directives. These directives often mandate governmental agencies to implement remedial programs and establish monitoring mechanisms for ongoing judicial review of progress[26].

ISSUES ABOUT PIL IN INDIA

• Public Interest Litigation (PIL) can sometimes present challenges related to conflicting rights.
• PILs could be misused, leading to an excessive burden on courts with frivolous cases filed by parties seeking personal, corporate, or political gains. Today, PILs are not solely focused on issues concerning the poor and marginalized but are also used for various other interests.
• There have been instances where the judiciary’s involvement in solving socio-economic or environmental issues through PILs has been criticized as judicial overreach.
• PIL cases concerning exploited and disadvantaged groups often face prolonged delays in resolution. These delays can diminish the practical impact of landmark judgments, reducing their significance primarily to theoretical or academic value.
• PILs can be misused for personal and political welfare compared to public good.

APPLICABILITY OF PIL UNDER SUPREME COURT GUIDELINES

According to Supreme Court guidelines issued in 1998 and 2003 regarding applicability of PIL is considered through any letters or petitions relating to -Bonded labor, neglected children, exploitation of casual workers, cruelty against women, harassment of prisoners, family disagreements, harassment against Scheduled Castes and Scheduled Tribes, etc.[27] Also, some issues are not recognized as PIL such as Landlord-tenant disputes, service matters, pension and gratuity, Admission to educational institutions, early hearing of cases pending in lower courts, etc.

Additionally, to prevent the misuse of PILs, the Supreme Court has laid down specific guidelines:

• The court should actively support genuine PILs while discouraging those filed for secondary or other motives.
• Each High Court should establish formal rules to promote legitimate PILs and discourage frivolous ones.
• The court must verify the credentials of the petitioner before proceeding with a PIL.
• It is crucial for the court to be convinced that the issue raised in the PIL is genuinely in the public interest.
• The court must ensure that the PIL addresses a real public harm or injury and that the petitioner has no personal or private agenda.
• The court should discourage frivolous petitions by imposing penalties or taking appropriate measures against those who file PILs for extraneous reasons.

CONCLUSION

Public Interest Litigation (PIL) remains pivotal in advancing social justice in India by addressing emerging public interest issues and ensuring accountability of governmental and institutional bodies. However, it is crucial to confront the implementation challenges of PIL and to ensure its responsible and ethical utilization. PIL has significantly bolstered government accountability concerning the human rights of impoverished individuals. Public Interest Litigation (PIL) has emerged as a potent instrument for advancing social justice in India. It has been instrumental in catalyzing substantial societal transformations, notably in realms such as environmental preservation, human rights advocacy, and safeguarding consumer rights.

Reference(s):

[1] Oxford English Dictionary 2nd Edn., Vol. XII

[2] ‘Article 32 in Constitution of India’ <https://indiankanoon.org/doc/981147/> accessed 2 July 2024.

[3] ‘Article 226 in Constitution of India’ <https://indiankanoon.org/doc/1712542/> accessed 2 July 2024.

[4] ‘Section 133 in The Code of Criminal Procedure, 1973’ <https://indiankanoon.org/doc/983382/> accessed 2 July 2024.

[5] ‘Article 39A in Constitution of India’ <https://indiankanoon.org/doc/169871995/> accessed 2 July 2024.

[6] “Public Interest Litigation (PIL) A Boon or Bane”. <www.legalserviceindia.com> accessed 2 July 2024

[7] ‘Introduction to Public Interest Litigation | Public Interest Litigation|Introduction | Www.Karmayog.Org’ <https://web.archive.org/web/20131005010030/http://www.karmayog.org/pil/pil_10720.htm> accessed 3 July 2024.

[8] 1995 KHC 486:1995 (2) KLT SN 74: 1995 (3) SCC 743:1995 SCC (Cri) 600: AIR 1996 SC 2193

[9] Divine Retreat Centre Vs. State of Kerala and Others [AIR 2008 SC 1614]

[10] ‘PIL AND DIFFERENCE BETWEEN “PUBILC INTEREST LITIGATION” AND “PRIVATE INTEREST LITIGATION” | | Into Legal World’ <https://web.archive.org/web/20171029075146/http://intolegalworld.com/2017/10/24/pil-and-difference-between-pubilc-interest-litigation-and-private-interest-litigation/> accessed 3 July 2024.

[11] 1984 AIR 802 1984 SCR (2) 67 1984 SCC (3) 161 1983

[12] 1993 AIR 217, 1993 SCR (1) 594, 1993 SCC (1) 645, JT 1993 (1) 474, 1993 SCALE (1)290

[13] 1982 AIR 1473, 1983 SCR (1) 456 

[14] 1979 AIR 1369, 1979 SCR (3) 532

[15] Gaurav Jain v. Union of India and ors, AIR1997SC3021

[16]MC. Mehta v. State of Tamil Nadu and Ors., MANU/SC/0169/1997

[17]Kapila Hingorani v. State of Bihar,(2003) 6 scc1

[18] M.C. Mehta v. Union of India and ors, (2004) 6 SCC 588; Indian Council for Enviro-Legal Action and ors. V. Union of India and Ors., MANU/SC/0371/1996

[19] ‘M.C. Mehta And Anr vs Union Of India & Ors on 20 December 1986’ <https://indiankanoon.org/doc/1486949/> accessed 3 July 2024.

[20] ‘9882.Pdf’ <https://main.sci.gov.in/judgment/judis/9882.pdf> accessed 3 July 2024.

[21] ‘Vishal Jeet vs Union Of India And Ors on 2 May 1990’ <https://indiankanoon.org/doc/653695/> accessed 3 July 2024.

[22] ‘THE DYNAMIC ROLE OF NGOs IN PUBLIC INTEREST LITIGATION – Chandrawat & Partners Law Firm’ <https://chandrawatpartners.co/the-dynamic-role-of-ngos-in-public-interest-litigation/> accessed 4 July 2024

[23]‘Public Interest Litigation (PIL) in India | Best Lawyer for PIL’ (Century Law Firm Blog, 21 February 2023) <https://www.centurylawfirm.in/blog/public-interest-litigation-pil/> accessed 5 July 2024.

[24] ‘PIL Introduced 35 Years Ago, yet No Clarity on Who Can File It’ The Times of India (12 December 2016) <https://timesofindia.indiatimes.com/india/PIL-introduced-35-years-ago-yet-no-clarity-on-who-can-file-it/articleshow/55930364.cms> accessed 5 July 2024.

[25] Vishaka and others v. State of Rajasthan and others, AIR 1997 SC 3011

[26] Bandhua Mukti Morcha v. U.O.I AIR 1989 SC 802, 834- 7

[27] ‘Public Interest Litigation’ (Vajiram & Ravi) <https://vajiramandravi.com/> accessed 5 July 2024.