Public Interest Litigation in India

Public Interest Litigation (PIL) in India has evolved into a powerful tool for ensuring social justice and holding public authorities accountable. It has revolutionised the legal system by allowing individuals, groups, or organisations to approach the court in matters of public concern, even when they are not directly involved. 

This article explores the concept of PIL, its historical evolution, constitutional framework, procedural aspects, landmark cases, challenges, and its significant impact on Indian society. We will also discuss how PIL continues to shape the judicial landscape and what the future holds for this vital legal mechanism.

What is Public Interest Litigation?

Public Interest Litigation (PIL) refers to litigation filed in a court of law for the protection of public interest. Unlike traditional litigation, which is based on the principle of “locus standi” (the right to bring a lawsuit), PIL allows any individual or organisation, even if they are not directly affected, to file a petition on behalf of those whose rights are violated or on matters that affect society at large.

PIL is often seen as an essential tool to address issues related to human rights, the environment, corruption, social justice, and government accountability. It helps ensure that justice is not confined to those with the financial means to access the judicial system but is available to all, especially the marginalised and the vulnerable sections of society.

Historical Evolution of PIL in India

Early Judicial Approach

Before the 1980s, the Indian judicial system strictly adhered to the rule of locus standi, meaning only the person who was directly affected by a legal issue could approach the courts for justice. This limitation restricted access to justice for marginalised communities who were often unaware of their legal rights or unable to afford legal representation.

However, the emergence of PIL can be traced back to a few landmark cases, particularly during and after the Emergency period (1975-1977). The courts began to recognise the need for judicial intervention in matters affecting the public at large.

The Genesis of PIL

The concept of PIL in India was influenced by the United States, where the idea was used to address issues such as racial discrimination and environmental protection. PIL began to take root in India, thanks to the judicial activism of judges like Justice P. N. Bhagwati and Justice V. R. Krishna Iyer.

The Hussainara Khatoon Case (1979)

• Background: One of the earliest and most significant PILs was the Hussainara Khatoon case, filed by lawyer Kapila Hingorani. The petition addressed the condition of undertrial prisoners in Bihar, many of whom had been languishing in jail for years without a trial.
• Outcome: The Supreme Court, led by Justice P. N. Bhagwati, ruled that the prisoners had a right to speedy justice and free legal aid. The case resulted in the release of over 40,000 undertrial prisoners and set a precedent for the use of PIL to protect fundamental rights.
• Significance: This case highlighted the importance of PIL in ensuring the right to life and personal liberty, as guaranteed under Article 21 of the Indian Constitution.

Post-Emergency Expansion

After the Emergency, PILs gained prominence in the Indian judiciary. Judges like Justice Bhagwati and Justice V. R. Krishna Iyer actively expanded the scope of PIL to include a wide array of social issues. They introduced the idea that any public-spirited individual or organisation could approach the court for matters involving public interest, even if they were not directly affected by the issue.

Constitutional and Legal Framework for PIL

The Indian Constitution provides a strong foundation for PIL, especially in the context of fundamental rights and the role of the judiciary in protecting those rights.

• Fundamental Rights (Part III of the Constitution): Articles 14 (Right to Equality), Article 21 (Right to Life and Personal Liberty), and other fundamental rights lay the groundwork for PIL. These rights guarantee that every citizen is entitled to live with dignity and seek redress when these rights are violated.
• Directive Principles of State Policy (Part IV): While the Directive Principles are not justiciable (not legally enforceable), they guide the state in creating policies for social justice and welfare. The courts have often read these principles into fundamental rights, making them subject to judicial review.
• Article 39A: This article mandates the state to ensure that the legal system provides justice on the basis of equal opportunity. PIL is a manifestation of this constitutional mandate, as it allows the courts to enforce social justice.

Relaxation of Locus Standi

PIL represents a departure from traditional litigation in terms of locus standi. Under ordinary circumstances, only a person whose rights have been directly violated has the legal standing to approach the courts. However, PIL allows any public-spirited individual or group to file a petition on behalf of those who are unable to do so due to social, economic, or physical constraints.

This relaxation of locus standi has been a crucial factor in the success of PIL, enabling the courts to address issues that affect the public at large, even when the affected parties are unaware of their rights or are incapable of pursuing legal remedies.

How to File a PIL?

Who Can File a PIL?

• Any Citizen or Organisation: Any public-spirited citizen, NGO, or civil society group can file a PIL in India. This ensures that the legal system is accessible not just to those directly affected but also to those who have the capacity and motivation to bring issues of public interest to court.
• Suo Motu Action by Courts: The courts can also take suo motu (on their own) notice of a matter if they believe it involves a significant public issue. In such cases, the courts do not wait for a formal petition but initiate proceedings based on information available to them, such as media reports or letters from concerned individuals.

Forums for Filing PIL

PILs can be filed in various forums depending on the nature of the issue:

• Supreme Court: Under Article 32 of the Indian Constitution, PILs can be filed in the Supreme Court for the enforcement of Fundamental Rights. This is the highest court of the land, and any citizen can approach it directly.
• High Courts: Under Article 226, PILs can also be filed in the High Courts. This provides an additional avenue for seeking redressal, especially for matters related to local issues.
• Magistrate Courts: In some cases, PILs can be initiated under Section 133 of the Criminal Procedure Code, which pertains to public nuisance and other similar issues.

Procedural Aspects

The procedure for filing PIL is designed to be less cumbersome than traditional litigation:

• Informal Submissions: The courts have accepted petitions that are submitted informally, such as letters or telegrams, especially if they highlight issues of significant public concern.
• No Personal Interest Required: Unlike traditional litigation, PIL does not require the petitioner to have a personal stake in the matter. The focus is on addressing issues that affect the larger public or a specific group within society.
• Judicial Discretion: The courts have broad discretion in determining whether a petition qualifies as a PIL. The primary criterion is that the petition must address a matter of public importance.

Landmark PIL Cases in India

Several landmark PIL cases in India have played a critical role in shaping the legal framework and advancing social justice. These cases have addressed issues ranging from human rights violations to environmental protection, each of them demonstrating the power of PIL in transforming society.

Hussainara Khatoon v. State of Bihar (1979)

• Issue: The Hussainara Khatoon v. State of Bihar case addressed the issue of undertrial prisoners in Bihar, many of whom had been detained for years without trial.
• Outcome: The Supreme Court ruled that undertrial prisoners were entitled to free legal aid and that trials must be expedited. This case led to the release of thousands of prisoners and is considered a cornerstone in the development of PIL in India.
• Impact: This case set the stage for the use of PIL to secure the rights of prisoners and other marginalised groups in society.

Vishaka v. State of Rajasthan (1997)

• Issue: This Vishaka v. State of Rajasthan case concerned sexual harassment at the workplace, following an incident where a woman was raped while trying to prevent a child marriage.
• Outcome: The Supreme Court recognised sexual harassment as a violation of constitutional rights under Articles 14, 15, and 21. The court also laid down guidelines for preventing sexual harassment at the workplace.
• Impact: The case had a profound impact on workplace norms, leading to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

M.C. Mehta v. Union of India (1987)

• Issue: This PIL was filed by M.C. Mehta, addressing the industrial pollution in the Ganga river basin.
• Outcome: The Supreme Court ordered the closure of several polluting industries in the region and mandated that industries implement pollution control measures.
• Impact: This case was instrumental in highlighting the judiciary’s role in environmental protection and enforcing stricter pollution control measures.

Other Notable Cases

• SP Gupta v. Union of India: This case further defined PIL in India, allowing public-spirited individuals and groups to approach the courts for issues that affect public welfare.
• Kalyaneshwari v. Union of India: This case dealt with PIL misuse and highlighted the need for genuine public interest in filing PILs. The court dismissed the petition and imposed a fine on the petitioner for filing a frivolous case.

The Impact of PIL on Society

Enhancing Access to Justice

PIL has played a vital role in democratising access to justice. Traditionally, only individuals with the means to afford legal representation could approach the courts. PIL has expanded access to justice by allowing public-spirited individuals and organisations to raise issues on behalf of the public.

• Empowering the Marginalised: PIL has been a critical tool in addressing the needs of marginalised communities, such as undertrial prisoners, bonded labourers, and environmental victims.
• Legal Awareness: PIL has also contributed to raising legal awareness among the general public. Citizens are now more informed about their rights and the legal remedies available to them.

Holding Public Authorities Accountable

One of the most significant contributions of PIL is its role in holding public authorities accountable. Whether it is the enforcement of environmental regulations or ensuring the implementation of social welfare schemes, PIL has enabled the courts to review and correct administrative actions.

• Judicial Oversight: The judiciary’s oversight ensures that the state functions within the constitutional framework, promoting transparency and accountability.
• Government Reforms: PIL has driven several reforms, including those related to prison conditions, environmental protection, and women’s rights. It has made the state more responsive to public needs.

Driving Social and Environmental Change

PIL has had a significant impact on social and environmental justice in India. It has addressed critical issues like pollution, child labour, and the rights of women and workers.

• Environmental Justice: PIL cases like M.C. Mehta v. Union of India have led to stricter environmental regulations, which have improved the quality of air, water, and overall environmental conditions in several parts of the country.
• Social Welfare: PIL has also been instrumental in addressing issues related to bonded labour, child trafficking, and the rights of underprivileged communities.

Criticisms and Challenges of PIL

While PIL has achieved much in promoting social justice, it is not without its criticisms. Several issues have emerged that need attention.

Misuse of PIL

One of the primary criticisms of PIL is its misuse for political or commercial gains. Certain groups or individuals have filed PILs to serve personal or corporate interests rather than to promote genuine public welfare.

PILs are sometimes used as tools for publicity, causing unnecessary delays and diverting judicial resources from more pressing matters. The courts have sometimes imposed fines on petitioners to curb such misuse.

Judicial Overreach

Critics argue that PIL may result in judicial overreach, where courts intervene in matters that should be the responsibility of the executive or legislature. This raises concerns about the separation of powers and the potential for the judiciary to become too involved in policymaking.

Procedural Delays

The increasing number of PIL cases has contributed to the growing backlog in Indian courts. This delays justice for both PIL cases and other important matters, reducing the overall efficiency of the judicial system.

Conclusion

Public Interest Litigation has become a cornerstone of the Indian legal system, providing a powerful tool for securing justice and holding public authorities accountable. It has transformed the legal landscape by allowing ordinary citizens and groups to take matters of public concern to the courts.

In conclusion, Public Interest Litigation is not just a legal tool but a means to promote social welfare, enforce human rights, and ensure that the state is held accountable to its citizens. Its continued success will depend on the ability of the judiciary, legal professionals, and civil society to work together to preserve the integrity of PIL and ensure that it remains a force for positive change in India.

Author Details: Aishwarya Agrawal

Researcher: Dikshi Arora (B.A. LL.B Student, Rajiv Gandhi National University of Law, Patiala)