NAME: UBAID MUFEED WANI

ROLL NO: 2

SUBJECT: PIL, Legal Aid

TOPIC: Concept, Meaning, & Historical

Development of PIL in India

SEMESTER: LLB 6th (Morning)

Submitted To: Dr. Iftikhar Hussain

Meaning of Public Interest Litigation (PIL):
 PIL has not been defined in any Indian statute. However, Courts
have interpreted and defined PIL. The Hon’ble Supreme Court of
India has, in the case of Janata Dal v. H.S.Chaudhary, [(AIR 1993
SC 892) (see here)], held that lexically, the expression ‘PIL’
means a legal action started in a court of law for the enforcement
of public/general interest where the public or a particular class of
the public some interest (including pecuniary interest) that affects
their legal rights or liabilities.

 Public Interest Litigation (PIL) refers to a legal mechanism

wherein any public-spirited citizen or social organization can move
the court for the enforcement of the rights of any person or group
of persons who, due to their poverty, ignorance, or socio-economic
disadvantaged position, are themselves unable to approach the
court to seek remedies.
o Thus, in a PIL, any member of the public having ‘sufficient
interest’ can approach the court to enforce the rights of other
persons and redress a common grievance.
 The Public Interest Litigation (PIL) in India is also known by
other names:
o Social Action Litigation (SAL),
o Social Interest Litigation (SIL) and
o Class Action Litigation (CAL).

Objectives of Public Interest Litigation (PIL):

The core objectives of Public Interest Litigation (PIL) in India are:

 Vindication of the rule of law,

 Facilitating effective access to justice for the socially and
economically weaker sections of society, and
 Meaningful realization of the Fundamental Rights.
Origin:
PIL or Public Interest Litigation signifies a chief instrument through
which the concept of judicial activism is established as it facilitates
exercising of writ jurisdiction by high courts or the Supreme Court of
India to safeguard the fundamental and legal rights of the citizens of
India at large. The origin of PIL can be traced back to the 1960s in the
United States, where it was first introduced as a means to provide legal
aid to underprivileged sections of society. PIL not only provided legal
aid to the poor but also helped raise public awareness on various social
issues. Several nations have adopted this idea, though with some
variations in its application. But as far as India is concerned, it emerged
in the 1980s and its pioneers are J. PN Bhagwati and J. Krishna Iyer.

In India, the concept of PIL was first introduced in the case of

Hussainara Khatoon & Ors v. Home Secretary, Bihar 1979 AIR 1369,
1979 SCR (3) 532]
In this case, a group of lawyers filed a case on behalf of several
undertrial prisoners who had been in jail for over five years without any
trial. The court took up the case and passed a landmark judgement,
ordering the release of all undertrial prisoners who had been languishing
in jail for several years without trial. This judgement gave a new
dimension to the concept of PIL in India.

After the Hussainara Khatoon case, PIL became a powerful tool for
public interest litigation in India. PIL opened up new avenues for
citizens to directly approach the court for redressal of their grievances.
PIL has been used successfully in India in several cases related to
environmental protection, protection of human rights, women’s rights,
and judicial reforms.
The Supreme Court’s relaxation of the standing requirements has also
made filing PILs easier in India. Normally, only a person who is directly
and personally affected by a legal dispute can file a case in court. But in
PIL cases, a person who has no direct stake in the dispute can also
approach the court if he or she believes that the dispute affects the public
at large.

PIL has been seen as a means of empowering the powerless and giving
voice to marginalised groups. It has allowed individuals to seek justice
against powerful corporations or government entities. It has also been
seen as a way to hold the government accountable for its actions or
inactions.

The impact of PIL on Indian law has been significant. PIL has led to the
development of new laws and policies to address various social,
economic, and environmental issues. It has also been used to challenge
the constitutional validity of certain laws or government actions.

In addition to PIL, Indian law also recognises the rights of individuals to

pursue legal action for their personal grievances. The right to access
justice is enshrined in the Constitution of India and is a fundamental
right. Individual rights can be enforced through various legal
mechanisms, such as civil suits, criminal complaints, or appeals.

Concept Of PIL:
The concept of PIL was introduced in India to ensure that justice is
accessible to every citizen of the country, irrespective of their socio-
economic status. It allows any person or organisation to raise issues that
require immediate attention and provide legal remedies for them. This
means that any person, whether rich or poor, can approach the courts to
protect the interests of the public at large, even if they do not have a
direct personal interest in the matter.

The concept of individual rights is particularly important in India, given

its diverse and complex social fabric. Individual rights can be seen as a
means of protecting the rights of individuals who belong to minority
groups or who face discrimination or social exclusion.

The meaning of public interest litigation is quite broad and encompasses

a wide range of issues. PIL can be filed in matters related to pollution,
environmental degradation, public health, human rights, consumer
protection, women’s rights, and many other issues that affect the
common people. The objective of PIL is to ensure that the rights of the
people are protected and their grievances are redressed.

Despite the positive impact of PIL, there are also concerns about its
misuse. Some PILs are seen as frivolous or motivated by personal gain
rather than the public interest. There are also concerns about the
increasing number of PILs filed, which can lead to the clogging of the
judicial system.

One of the primary objectives of PIL is to provide access to justice for

the poor and marginalised sections of society who cannot afford to hire a
lawyer or approach the courts due to financial constraints. PIL has
helped to address various issues related to human rights violations,
environmental degradation, and other social issues that affect the poor
and marginalised sections of society.

Another significant advantage of PIL is that it provides a platform for

citizens to participate in the legal system and engage with issues that are
important to them. PIL has helped to create awareness among the public
about their rights and encouraged them to participate in the legal system
to seek justice.

The Supreme Court of India has played a vital role in establishing the
concept of PIL in India. The court has widened the scope of public
interest litigation, and many landmark judgements have been passed
through PIL. The court has also introduced the concept of ‘continuing
mandamus’, which means that the court can direct the government to
take action on an issue and monitor the progress of the same until the
issue is resolved.

Legal Aspects Of PIL:

The legal system in India provides various provisions and Acts for filing
public interest litigation.

The Constitution Of India

The Indian Constitution provides various provisions that enable citizens
to file public interest litigation, primarily under Part III of the
Constitution, which is dedicated entirely to Fundamental Rights. This
part of the constitution was included to ensure that the citizens are
provided with certain basic rights that the government is obligated to
protect. Some of the fundamental rights that citizens can use to file PILs
include the right to life and personal liberty, the right to equality and
equal protection of laws, and the right to freedom of speech and
expression.

The Public Interest Litigation Techniques Act, 1986

The Public Interest Litigation Techniques Act, of 1986 was enacted to
make PILs more extensive and effective in India. According to this Act,
a person who is not a party to the proceedings can express any opinion,
intervene, or participate in the proceedings. The Act also limits the
expenses and fees that can be incurred in public interest litigation. This
provision was included to ensure that the cost of litigation in public
interest cases does not become a barrier for any individual or group
seeking justice.

The Legal Services Authorities Act, 1987

The Legal Services Authorities Act of 1987 is another important piece of
legislation governing the filing of PILs in India. It provides for the
establishment of Legal Aid Committees to extend free legal aid to the
weaker sections of society, including women, children, and those that
belong to the marginalised sections of society. The object of this
legislation is to ensure that public interest cases are not restricted to only
those who can afford to pay for legal representation but also to those
who cannot.

The Indian Environmental Laws

The Indian Environmental Laws, including the Water (Prevention and
Control of Pollution) Act, 1974, the Air (Prevention and Control of
Pollution) Act, 1981, and the Environment (Protection) Act, 1986,
provide for various provisions that enable citizens to file PILs against
violators of environmental laws. These acts further provide for penalties
and fines for individuals and companies that violate environmental laws.

The Code Of Civil Procedure, 1908

The Code of Civil Procedure, 1908 (CPC) has given a significant role to

Public Interest Litigation. The mechanism for filing Public Interest

Litigation under the CPC is known as “representative suits.” According

to Section 12 of the CPC, any person can file a suit on behalf of others

as well as for their own benefit. The representative party must have a

direct interest in the suit, and the accounts of the parties must be actively

different. In cases where the suit application is frivolous, vexatious, or

where the object of the suit is unlawful, the court may not permit the suit

to proceed. The court also has the power to permit the withdrawal of the

suit if it is not in the public interest to proceed with it.

Landmark Case Laws:

Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai [1976 AIR 1455,

1976 SCR (3) 591]

This case is considered to be one of the most important cases of PIL. In

the 1960s there was a union of workers in Maharashtra known as
Mumbai Kamgar Sabha. The business organisation for which the
workers worked was owned by Abdulbhai and Faizullabhai. From 1965
the business organisation stopped the yearly bonus of the workers. The
Mumbai Kamgar Sabha filed a petition on behalf of the workers against
the organisation. Justice K. Iyer had held that as the matter had affected
a number of people from the weaker section, the Union was eligible to
file a petition on behalf of the aggrieved class. Hence, the principle of
locus standi was relaxed for the first time thereby leading to the origin of
PIL in this country.
Pt. Parmanand Katara v. Union Of India & Ors [1989 AIR 2039]

On the basis of a newspaper report the petitioner, who was a social

activist, filed petition on behalf of a person who met with an accident
but later died because the nearest hospitals refused to admit him and
referred him to a hospital located around 20 km away, which had the
authority to handle medico-legal cases.

The court observed that it is the duty of the State under Article 21 to
protect the lives of people. Also legal professionals and people who are
related should keep a check that any medical professional is not being
troubled or put into problems in any way. The law or State’s action
should not interfere in the proceedings of hospitals and allow the
medical professionals to do their duty without any interruption. The laws
which are an obstacle in carrying out the duties of doctors and people
concerned with it, should not be followed. This case is an example of
participatory justice that is where all the entities cooperate with each
other for the welfare of the public.

S.P Gupta v. Union Of India & Anr [1989 AIR 149]

It was held that any person acting pro bono public and who is not a
meddlesome interloper can approach the Honourable high courts and the
Supreme Court directly in any case if the constitutional or fundamental
rights of a class of people is violated. So, in this case the petition filed by
the advocates of different courts was admitted because the advocates are
an integral part of the Indian judicial system. Until S.P Gupta case,
courts had been exercising their discretionary powers and relaxing locus
standi on case to case basis. By this judgement, relaxation of locus
standi in PIL was fully established and wherever there was legal injury
PIL was used to seek justice and thus, it became an important tool for
seeking justice.