Table of contents | |
Public Interest Litigation (PIL) | |
Meaning of PIL | |
Features of PIL | |
Scope of PIL | |
Principles of PIL | |
Guidelines for Admitting PIL |
It is a legal concept that originated in the USA in the 1960s, aiming to provide legal representation to groups and interests that were often left out in the traditional legal system. These groups included the poor, environmentalists, consumers, racial and ethnic minorities, among others.
In India, PIL is closely linked to judicial activism, which refers to judges actively shaping legal doctrines and policies. The Supreme Court played a key role in introducing PIL in the early 1980s, with justices V.R. Krishna Iyer and P.N. Bhagwati being pioneers in this area.
PIL in India is also known as Social Action Litigation (SAL), Social Interest Litigation (SIL), and Class Action Litigation (CAL). It allows any concerned citizen or social organization to approach the court on behalf of those who, due to poverty, ignorance, or social and economic disadvantages, cannot seek legal remedies themselves.
In the past, there was a rule in India called 'locus standi,' which said that only the person directly affected by a problem could go to court for help. But the introduction of Public Interest Litigation (PIL) changed this rule. Now, any caring citizen or social group can go to court on behalf of others who can't do it themselves. This is especially important when people are facing issues because of their poverty, lack of knowledge, or social and economic disadvantages. So, in PIL, anyone from the public who cares enough can approach the court to help others and address common problems. It's a way for regular people to stand up for the rights of others and find solutions to shared issues.
The Supreme Court defines PIL as a legal action initiated in court for the enforcement of public or general interest, where the public or a community class has an interest that affects their legal rights or liabilities.
The main goals of PIL are
In simple terms, PIL is a way for ordinary citizens or organizations to go to court on behalf of others who can't do so themselves, promoting fairness, justice, and the protection of rights for everyone.
In simple terms, PIL is a special kind of legal action focused on helping the public, especially those who might be overlooked, and it involves a collaborative effort to address broader social issues. The court takes a more active role in finding solutions, ensuring fairness, and following established legal procedures.
The cases falling under the following categories will not be entertained as PIL:
The Supreme Court has established some important principles regarding Public Interest Litigation (PIL):
Open Access to Justice: The court can hear petitions from anyone concerned about the well-being of disadvantaged people who can't approach the court themselves. It is the court's duty to protect the fundamental rights of these people and make sure the government fulfills its promises.
Issues of Public Importance: When matters affecting a large number of people's fundamental rights and the government's constitutional duties arise, the court can treat even a letter or telegram as a PIL. In such cases, the court can relax the usual legal procedures.
Injustice to Many: If a significant number of people are facing injustice, the court can intervene using constitutional articles and international conventions on human rights, ensuring a fair trial.
Relaxation of Locus Standi: The usual rule that only directly affected parties can go to court is relaxed in PIL cases. This allows the court to address grievances on behalf of the poor, deprived, illiterate, and disabled who can't protect their legal rights themselves.
State Cannot Question Validity: If the court is satisfied that a group's constitutional rights are being violated, the government cannot challenge the petition's validity.
Application of Procedural Laws: Although procedural laws apply to PIL cases, whether principles like res judicata (a legal matter already judged) apply depends on the nature of the case.
Private Disputes Not PIL: Disputes between two private parties are not allowed to be treated as PIL.
Public Interest in Private Cases: In some cases, even if the petitioner started the case for personal reasons, the court may investigate the situation in the interest of justice and the public.
Appointment of Commissions: In special situations, the court may appoint commissions or other bodies to investigate allegations and facts, and it can also direct the management of public institutions taken over by such commissions.
Limitations on Court's Role: The court should not exceed its jurisdiction or interfere with policy matters while protecting people's rights.
Judicial Review Boundaries: The court generally sticks to the known areas of judicial review. While a High Court can issue orders for complete justice, it doesn't have the same power as Article 142 of the Constitution of India.
Statutory Challenges: Generally, the High Court should not entertain PIL writ petitions questioning the constitutionality or validity of a law or statutory rule.
In simple terms, the Supreme Court has set rules that allow it to hear cases in the public interest, especially when disadvantaged groups are affected, and it may relax usual legal procedures to ensure fairness and justice. However, it also maintains boundaries to avoid interfering in policy matters and focuses on known areas of judicial review.
Public Interest Litigation (PIL) has become an important aspect of the legal system. However, it is crucial to ensure that it doesn't turn into various other types of litigation, such as 'Publicity Interest Litigation,' 'Politics Interest Litigation,' 'Private Interest Litigation,' 'Paisa (Money) Interest Litigation,' or 'Middle-class Interest Litigation' (MIL).
The Supreme Court has noted that PIL isn't a cure-all solution for every problem. Originally, it was designed to safeguard the basic human rights of the weak and disadvantaged. It's a legal process where a person who cares about the public good can file a petition on behalf of those who, due to poverty or other difficulties, can't go to court themselves. However, there have been instances of PIL being misused or abused recently.
Therefore, it's important to clarify the boundaries within which PIL can be used. The court emphasizes that PIL should stay true to its original purpose of helping those in need, and there is a need to prevent its misuse. In simple terms, PIL is a powerful tool meant for protecting the rights of the vulnerable, and it's essential to use it responsibly and within defined limits to avoid its abuse.
To prevent the misuse of Public Interest Litigation (PIL), the Supreme Court has established the following guidelines:
In simpler terms, these guidelines are like rules to make sure that PIL is used for its intended purpose of benefiting the public, and not for personal gain or frivolous reasons. The court wants to encourage sincere cases that genuinely address public issues while discouraging misuse of the legal process.
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1. What is the meaning of Public Interest Litigation (PIL)? |
2. What are the features of Public Interest Litigation (PIL)? |
3. What is the scope of Public Interest Litigation (PIL)? |
4. What are the principles of Public Interest Litigation (PIL)? |
5. What are the guidelines for admitting Public Interest Litigation (PIL)? |
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