Public Interest Litigation (PIL)

1. Introduction to Public Interest Litigation (PIL)

1. Public Interest Litigation (PIL) is a legal mechanism through which individuals or groups can seek judicial intervention for the enforcement of public rights.
2. The concept of PIL was introduced to promote social justice and provide access to justice for the marginalized sections of society.
3. PIL enables the judiciary to address issues of public interest, even if the affected parties cannot approach the court directly.
4. The concept emerged in India during the late 1970s and early 1980s.

2. Constitutional Basis of PIL

1. The power to entertain PIL is derived from Articles 32 and 226 of the Indian Constitution.
2. Article 32 empowers the Supreme Court to enforce fundamental rights, while Article 226 empowers High Courts to issue writs for the same.

3. Evolution of PIL in India

1. PIL in India was first recognized in the case of Hussainara Khatoon v. State of Bihar (1979), addressing the plight of undertrial prisoners.
2. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer played a pioneering role in institutionalizing PIL in India.
3. Initially, PIL cases were focused on issues like bonded labor, environmental degradation, and the rights of marginalized groups.

4. Objectives of PIL

1. Ensure judicial access to those who are economically or socially disadvantaged.
2. Address violations of fundamental rights and legal rights.
3. Promote social welfare by addressing issues of collective importance.
4. Strengthen the principle of rule of law in governance.

5. Features of PIL

1. PIL can be filed by any individual or group on behalf of affected parties.
2. The process is relatively informal and does not adhere to strict procedural norms.
3. PIL cases often address issues related to the environment, human rights, or administrative lapses.
4. The judiciary can take suo motu cognizance of issues of public interest.

6. Landmark PIL Cases

1. Hussainara Khatoon v. State of Bihar (1979): Ensured the rights of undertrial prisoners.
2. Vishaka v. State of Rajasthan (1997): Led to the formulation of guidelines on sexual harassment at workplaces.
3. M.C. Mehta v. Union of India (1986): Addressed environmental protection, including the cleaning of the Ganga.
4. Olga Tellis v. Bombay Municipal Corporation (1985): Recognized the right to livelihood as part of the right to life.

7. Criticisms of PIL

1. PILs are sometimes misused for personal gain or political agendas.
2. Excessive filing of frivolous PILs can lead to a burdened judiciary.
3. The judiciary may encroach upon the functions of the executive or legislature under the guise of PIL.

8. Relevance of PIL in Contemporary Times

1. PIL continues to play a crucial role in addressing environmental issues and safeguarding human rights.
2. It ensures accountability in governance and administration.
3. PIL is an essential tool for promoting participatory democracy.

9. Safeguards to Prevent Misuse

1. Courts must scrutinize the bonafide intention of the petitioner.
2. Frivolous and politically motivated PILs should be discouraged.
3. Public awareness and judicial restraint can ensure the effective use of PILs.

10. Conclusion

Public Interest Litigation remains a powerful mechanism to ensure justice and accountability in Indian governance. With responsible usage and judicial vigilance, it can continue to serve as a vital tool for addressing public grievances and upholding constitutional values.