Public Interest Litigation in India | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Individuals or groups can file PIL in high courts or the supreme court in India.
• PIL can be initiated for the benefit of the public rather than for personal interests.
• Illustration: If a PIL addresses environmental pollution, which affects the public, it is likely to be accepted by the court.
• PIL is not typically against private individuals but can be against the state or union government.
• When filing against a private entity, the petition can name the private party as a respondent along with the relevant government authority.
• For instance, if an industry is causing pollution without regulation, a PIL can be filed against the pollution control board of that state.

History

• The first Public Interest Litigation (PIL) was initiated by Kapila Hingorani in the year 1979. This PIL wasn't filed by a single individual but by a group of prisoners from Bihar jail.
• Presented in the Supreme Court under the leadership of P.N. Bhagwati, this petition, famously known as Hussainara Khatoon v. the State of Bihar, focused on the plight of prisoners awaiting trial in Bihar jails.
• As a result of this PIL, approximately forty thousand prisoners with pending cases were granted bail, ensuring their right to free legal assistance and a prompt trial.
• The case set a precedent for prisoners' rights, emphasizing the necessity of free legal aid and expeditious legal proceedings.
• The concept of Public Interest Litigation (PIL) was officially defined by the Supreme Court of India in the SP Gupta v. Union of India case.

Article 39A of the Indian Constitution

Origin of Public Interest Litigation (PIL)

• Justice P.N. Bhagwati and Justice V.R. Krishna Iyer pioneered PIL by accepting such cases.
• Before the 1980s, only aggrieved parties sought justice through the courts.
• NGOs and responsible citizens played a crucial role in popularizing PIL.

Role of Article 39A

• Article 39A ensures the prompt delivery of justice without unnecessary delays.
• It is closely linked to the concept of public interest litigation.
• Allows any individual to file a case when public interest is at stake.
• Provides a simplified process for filing PIL, garnering significant media attention due to its broader societal impact.

Accessibility and Impact of PIL

• PIL has made seeking legal redress more accessible to the general public.
• Enables individuals to advocate for public welfare through legal means.
• Empowers citizens to address issues of broader societal concern through the legal system.

Benefits

• PILs, or Public Interest Litigations, play a crucial role in elucidating societal laws and expanding the domain of law through judicial interpretations. This process aids in holding the public accountable and ensuring that they make sound and necessary decisions.
• Furthermore, PILs contribute to fostering transparency within government departments, thereby promoting accountability and efficient governance.
• Public Interest Litigations are often referred to as the 'Voice of the voiceless' as they serve as a platform to safeguard the interests of vulnerable populations who may not have a voice in mainstream legal proceedings.
• One of the significant advantages of PIL is that it allows for remedies to be sought for marginalized or oppressed groups within society, ensuring that justice is accessible to all.
• On a broader scale, PILs play a pivotal role in promoting social welfare and raising awareness about pertinent societal issues that require attention and resolution.
• By offering a broader interpretation of fundamental rights enshrined in Part III of the Indian Constitution, PILs contribute to upholding the rights of citizens and fostering a culture of legal awareness and activism.
• Moreover, Public Interest Litigations create a conducive environment for constructive discussions and debates on matters that impact public welfare, facilitating positive societal change through legal interventions.