Public Interest Litigation

Public Interest Litigation

PIL stands for Public Interest Litigation, which is a legal action that is initiated by a public-spirited person or group for the protection or enforcement of a public interest, such as human rights, environment, social justice, etc. PIL is a way of ensuring judicial review of administrative actions through increased public participation.

PIL was introduced in India in the early 1980s, as a product of the judicial activism role of the Supreme Court. Justice V R Krishna Iyer and Justice P N Bhagwati were the pioneers of the concept of PIL in India234. PIL had begun in India towards the end of the 1970s and came into full bloom in the 1980s.

Some of the landmark cases of PIL in India are:

Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai [1976 AIR 1455, 1976 SCR (3) 591], which is considered to be one of the first cases of PIL in India, where the court upheld the rights of workers against the arbitrary and illegal actions of the employer.

Hussainara Khatoon & Ors v. Home Secretary, Bihar [1979 AIR 1369, 1979 SCR (3) 532], which is the first reported case of PIL in India, where the court intervened to release thousands of undertrial prisoners who were languishing in jails for years without trial.

S.P Gupta v. Union Of India & Anr [1981 AIR 149, 1982 SCR (2) 365], which is also known as the Judges’ Transfer Case, where the court expanded the locus standi (the right to sue) of the petitioners and held that any member of the public can file a PIL if the public interest is involved.

Pt. Parmanand Katara v. Union Of India & Ors [1989 AIR 2039, 1989 SCR (3) 997], where the court recognized the right to emergency medical aid as a part of the right to life under Article 21 of the Constitution and directed the hospitals to provide immediate treatment to the victims of accidents without any legal formalities.

M.C. Mehta v. Union Of India & Ors [1987 AIR 1086, 1987 SCR (1) 819], where the court ordered the closure of several hazardous industries in Delhi that were causing environmental pollution and affecting the health and safety of the people. 

Public Interest Litigation (PIL) is a legal action that is initiated by a public-spirited person or group for the protection or enforcement of a public interest, such as human rights, environment, social justice, etc. PIL is a way of ensuring judicial review of administrative actions through increased public participation. PIL can challenge the decisions or actions of public authorities by the parameters of judicial review, such as legality, rationality, proportionality, procedural fairness, and legitimate expectation.

Judicial Review is the power of the courts to examine the actions or decisions of the executive and legislative branches of the government and declare them invalid or unconstitutional if they violate the law or the constitution. Judicial review is an essential component of the rule of law and a safeguard for the rights and liberties of the citizens. Judicial review can be invoked by any person who is aggrieved by an administrative action or decision, or by a PIL petitioner who acts on behalf of the public interest.

An example of a PIL that involved judicial review of administrative action is the case of Shubhash Kumar v. State of Bihar. In this case, the petitioner filed a PIL in the Supreme Court challenging the grant of mining lease to a private company by the state government, which resulted in environmental pollution and violation of the rights of the local people. The Supreme Court held that the grant of mining lease was illegal and arbitrary, and violated the principles of natural justice and environmental law. The court also held that the right to life under Article 21 of the Constitution includes the right to a pollution-free environment, and directed the state government to take remedial measures to protect the environment and the rights of the affected people. This case shows how PIL can be used as a tool to ensure judicial review of administrative action and protect the public interest.

PIL is legal action that is initiated by a public-spirited person or group for the protection or enforcement of a public interest, such as human rights, environment, social justice, etc. PIL is a way of ensuring judicial review of administrative actions through increased public participation. PIL can challenge the decisions or actions of public authorities by the parameters of judicial review, such as legality, rationality, proportionality, procedural fairness, and legitimate expectations.

To file a PIL, the petitioner must have sufficient interest in the matter and must act in good faith. The petitioner must also provide the following details: name, postal address, email address, phone number, occupation, annual income, PAN number, and proof of identity. The petitioner must also state the facts of the case, the nature of the injury, and any personal interest that he/she/it may have.

The procedure for filing a PIL is as follows:

• The petitioner must draft a petition, either in the form of a letter or a writ, and address it to the Chief Justice of the Supreme Court or the High Court.
• The petition must contain the details mentioned above, along with the relief sought and the grounds for seeking it.
• The petition must also be accompanied by an affidavit, which is a sworn statement of the petitioner, verifying the contents of the petition.
• The petition must be filed either in person or through a lawyer, along with the prescribed court fee.
• The court will then examine the petition and decide whether to admit it or not. If the petition is admitted, the court will issue a notice to the respondents, who are the parties against whom the petition is filed, and ask them to file their reply.
• The court may also appoint a commission, an expert, or an amicus curiae (a friend of the court) to assist the court in the matter.
• The court will then hear the arguments of both sides and pass a judgment or an order, granting or denying the relief sought by the petitioner.

PIL is an important tool for promoting the welfare of the people and ensuring the accountability of the public authorities. However, PIL also has some drawbacks, such as misuse, abuse, delay, and interference with the policy-making of the executive and the legislature. Therefore, PIL must be used judiciously and responsibly, with due regard to the separation of powers and the rule of law.