Public Interest Litigation (October 2021)

The Supreme Court of India recently scolded a petitioner for filing a Public Interest Litigation (PIL) without any adequate research. PIL is the use of the law for advancing human rights and equality along with raising issues of broad public concern. PIL concept has been borrowed from the American Jurisprudence. PIL in India means litigation for the protection of Public Interest. This litigation is introduced in the court of law by the court itself or by any other private party and not by the aggrieved party.

PIL is the power given through Judicial activism to the public by courts. It could be filled only in the Supreme Court or the High Court and is different from Writ petition. Writ petitions are filed by individuals or institutions for their own benefit unlike PIL which is filed for the benefits of the general public. Pollution, Terrorism, Constructional hazards, Road Safety, etc. are the areas where PIL could be filed.

Public Interest Litigation

Importance of PIL

  • An important instrument of social change, maintenance of the Rule of Law along with acceleration of the balance between law and justice.
  • It proposes the access of justice to one and all.
  • Making justice accessible to the poor including the marginalized.
  • Also helps in judicial monitoring of state institutions:
    • Prisons
    • Asylums
    • Protective homes, etc.
  • Also act as an important tool for the implementation of the concept of judicial review.
  • The PIL concept is suited to the principles enshrined in Article 39 A of the Indian Constitution.

Related Issues

  • The misuse of PILs is increasing with number of pending cases in thew courts already high.
  • PIL actions sometimes result in problem of competing rights.
  • For many years matters related to PIL concerning the exploited and disadvantaged groups are pending.
  • Inordinate delays in PIL cases disposal may render leading judgments w. r. t academic value.
  • Cases of Judicial Overreach may take place through the PILs.

Matters Entertained under PIL

  • Neglected Children
  • Bonded Labour matters
  • Atrocities on women
  • Food adulteration
  • Non-payment of minimum wages to workers
  • Maintenance of heritage and culture

Growth of PIL in India

  • Progressive social legislations
  • Character of the Indian Constitution
  • Liberal interpretation of locus standi

Articles under Which PIL Can Be Filed

  • In the Supreme Court under Article 32 of the Indian Constitution.
  • In the High Court under Article 226 of the Indian Constitution.
  • In the Court of Magistrate, under sec. 133 of the Criminal Procedure Code.

Examrace Team at Mar 4, 2022