UNIT-I

Public Interest Litigation: Introduction, Scope, Origin &

Development

SUBJECT - Public Interest Lawyering / Legal Aid and Para-Legal Services

Semester - IX

Mr. NITIN KUMAR (Adv.)

Visiting Faculty
Faculty of Law,
University of Lucknow,
Lucknow

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Public Interest Litigation
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Introduction
The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously
unrepresented groups like the poor, the racial minorities, unorganised consumers,
citizens who were passionate about the environmental issues, etc.
Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety,
Constructional hazards etc. Any matter where the interest of public at large is
affected can be redressed by filing a Public Interest Litigation in a court of law.
Public interest litigation is not defined in any statute or in any act. It has
been interpreted by judges to consider the intent of public at large.
Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of the
court that the petition is being filed for a public interest and not just as a frivolous
litigation by a busy body.
The court can itself take cognizance of the matter and proceed suo motu or cases can
commence on the petition of any public spirited individual.
Some of the matters which are entertained under PIL are:
Bonded Labour matters
Neglected Children
Non-payment of minimum wages to workers and exploitation of casual workers
Atrocities on women
Environmental pollution and disturbance of ecological balance
Food adulteration
Maintenance of heritage and culture

Genesis and Evolution of PIL in India: Some Landmark Judgements

The seeds of the concept of public interest litigation were initially sown in India by
Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.
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 The first reported case of PIL was Hussainara Khatoon vs. State of Bihar
(1979) that focused on the inhuman conditions of prisons and under trial prisoners
that led to the release of more than 40,000 under trial prisoners.
Right to speedy justice emerged as a basic fundamental right which
had been denied to these prisoners. The same set pattern was adopted in
subsequent cases.
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.
In this case it was held that “any member of the public or social action group
acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under
article 226) or the Supreme Court (under Article 32) seeking redressal against
violation of legal or constitutional rights of persons who due to social or
economic or any other disability cannot approach the Court.
By this judgment PIL became a potent weapon for the enforcement of “public
duties” where executive action or misdeed resulted in public injury. And as a
result any citizen of India or any consumer groups or social action groups can
now approach the apex court of the country seeking legal remedies in all cases
where the interests of general public or a section of the public are at stake.
Justice Bhagwati did a lot to ensure that the concept of PILs was clearly
enunciated. He did not insist on the observance of procedural technicalities and
even treated ordinary letters from public-minded individuals as writ petitions.
The Supreme Court in Indian Banks’ Association, Bombay & Ors. vs. M/s
Devkala Consultancy Service and Ors held :- “In an appropriate case, where the
petitioner might have moved a court in her private interest and for redressal of the
personal grievance, the court in furtherance of Public Interest may treat it a necessity
to enquire into the state of affairs of the subject of litigation in the interest of justice.”
Thus, a private interest case can also be treated as public interest case.
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.
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: The judgement of the case recognized sexual
harassment as a violation of the fundamental constitutional rights of Article 14,
Article 15 and Article 21. The guidelines also directed for the Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Factors Responsible for the Growth of PIL in India

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 The character of the Indian Constitution. India has a written constitution
which through Part III (Fundamental Rights) and Part IV (Directive Principles of
State Policy) provides a framework for regulating relations between the state and its
citizens and between citizens inter-se.
India has some of the most progressive social legislations to be found anywhere
in the world whether it be relating to bonded labor, minimum wages, land ceiling,
environmental protection, etc. This has made it easier for the courts to haul up the
executive when it is not performing its duties in ensuring the rights of the poor as per
the law of the land.
The liberal interpretation of locus standi where any person can apply to the
court on behalf of those who are economically or physically unable to come before it
has helped. Judges themselves have in some cases initiated suo moto action based on
newspaper articles or letters received.
Although social and economic rights given in the Indian Constitution under Part IV
are not legally enforceable, courts have creatively read these into fundamental rights
thereby making them judicially enforceable. For instance the "right to life" in Article
21 has been expanded to include right to free legal aid, right to live with dignity, right
to education, right to work, freedom from torture, bar fetters and hand cuffing in
prisons, etc.
Judicial innovations to help the poor and marginalised: For instance, in the
Bandhua Mukti Morcha, the Supreme Court put the burden of proof on the
respondent stating it would treat every case of forced labor as a case of bonded labor
unless proven otherwise by the employer. Similarly in the Asiad Workers
judgment case, Justice P.N. Bhagwati held that anyone getting less than the
minimum wage can approach the Supreme Court directly without going through the
labor commissioner and lower courts.
In PIL cases where the petitioner is not in a position to provide all the necessary
evidence, either because it is voluminous or because the parties are weak socially or
economically, courts have appointed commissions to collect information on facts and
present it before the bench.

Who Can File a PIL and Against Whom?

Any citizen can file a public case by filing a petition:
Under Art 32 of the Indian Constitution, in the Supreme Court.
Under Art 226 of the Indian Constitution, in the High Court.
Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.
However, the court must be satisfied that the Writ petition fulfils some basic needs
for PIL as the letter is addressed by the aggrieved person, public spirited individual
and a social action group for the enforcement of legal or Constitutional rights to any
person who are not able to approach the court for redress.

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 A Public Interest Litigation can be filed against a State/ Central Govt.,
Municipal Authorities, and not any private party. The definition of State is
the same as given under Article 12 of the Constitution and this includes the
Governmental and Parliament of India and the Government and the Legislature 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.

Significance of PIL
The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
PIL is an important instrument of social change and for maintaining the Rule of
law and accelerating the balance between law and justice.
The original purpose of PILs have been to make justice accessible to the poor
and the marginalised.
It is an important tool to make human rights reach those who have been denied
rights.
It democratises the access of justice to all. Any citizen or organisation who is
capable can file petitions on behalf of those who cannot or do not have the means to
do so.
It helps in judicial monitoring of state institutions like prisons, asylums, protective
homes, etc.
It is an important tool for implementing the concept of judicial review.
Enhanced public participation in judicial review of administrative action is assured
by the inception of PILs.

Certain Weaknesses of PIL

PIL actions may sometimes give rise to the problem of competing rights. For
instance, when a court orders the closure of a polluting industry, the interests of the
workmen and their families who are deprived of their livelihood may not be taken
into account by the court.
It could lead to overburdening of courts with frivolous PILs by parties with
vested interests. PILs today has been appropriated for corporate, political and
personal gains. Today the PIL is no more limited to problems of the poor and the
oppressed.
Cases of Judicial Overreach by the Judiciary in the process of solving socio-
economic or environmental problems can take place through the PILs.
PIL matters concerning the exploited and disadvantaged groups are pending for
many years. Inordinate delays in the disposal of PIL cases may render many
leading judgments merely of academic value.

Conclusion
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Public Interest Litigation has produced astonishing results which were unthinkable
three decades ago. Degraded bonded labourers, tortured under trials and women
prisoners, humiliated inmates of protective women’s home, blinded prisoners,
exploited children, beggars, and many others have been given relief through judicial
intervention.
The greatest contribution of PIL has been to enhance the accountability of the
governments towards the human rights of the poor.
The PIL develops a new jurisprudence of the accountability of the state for
constitutional and legal violations adversely affecting the interests of the weaker
elements in the community.
However, the Judiciary should be cautious enough in the application of PILs to avoid
Judicial Overreach that are violative of the principle of Separation of Power.
Besides, the frivolous PILs with vested interests must be discouraged to keep its
workload manageable.

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