PIL AN OVER VIEW

7/30/2019 PIL AN OVER VIEW

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INTRODUCTION

Public interest litigation has become the peoples tool fashioned by judges to enforce

the obligations of the state, its institutions, and its functionaries to explore and discover

ways and means of giving life and soul to the preambular assurances via the judicial

process.-Justice O.Chinnappa Reddy

"Public interest Litigation", in simple words, means, litigation filed in a court of law, for the

protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards

etc.

PUBLIC INTEREST LITIGATION is not defined in any statute or in any act. It has been

interpreted by judges to consider the intent of public at large. Although, the main and only focus

of such litigation is only "Public Interest" there are various areas where a PUBLIC INTEREST

LITIGATION can be filed.

Public Interest Litigation, in Indian law, means litigation for the protection of public interest. It

is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by

any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the

person who is the victim of the violation of his or her right should personally approach the court.

Public Interest Litigation is the power given to the public by courts through judicial activism.

Such cases may occur when the victim does not have the necessary resources to commence

litigation or his freedom to move court has been suppressed or encroached upon. The court can

itself take cognizance of the matter and precede suo motu or cases can commence on the petition

of any public-spirited individual.1

1http://www.lawyersclubindia.com/articles/PUBLIC-INTEREST-LITIGATION-3111.asp#.UDUl8JFuGt8


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DEFINATION OF PUBLIC INTEREST LITIGATION

IN BLACK'S LAW DICTIONARY : "Public Interest Litigation means a legal action initiated

in a court of law for the enforcement of public interest or general interest in which the public or

class of the community have pecuniary interest or some interest by which their legal rights or

liabilities..are..affected."

Public Interest Litigation's explicit purpose is to alienate the suffering off all those who have

borne the brunt of insensitive treatment at the hands of fellow human being. Transparency in

public life & fair judicial action are the right answer to check increasing menace of violation of

legal rights.

ADVANCED LAW LEXICON has defined `Public Interest Litigation' as "The expression `PIL'

means a legal action initiated in a Court of law for the enforcement of public interest or general

interest in which the public or a class of the community has pecuniary interest or some interest

by which their legal rights or liabilities are affected."

LEGAL HISTORYOF PIL IN INDIA

The Indian PIL is the improved version of PIL of U.S.A. According to Ford Foundation of

U.S.A., Public interest law is the name that has recently been given to efforts that provide legal

representation to previously unrepresented groups and interests. Such efforts have been

undertaken in the recognition that ordinary marketplace for legal services fails to provide such

services to significant segments of the population and to significant interests. Such groups and

interests include the proper environmentalists, consumers, racial and ethnic minorities and

others. The emergency period (1975-1977) witnessed colonial nature of the Indian legal system.

During emergency state repression and governmental lawlessness was widespread. Thousands of

innocent people including political opponents were sent to jails and there was complete

deprivation of civil and political rights. The post emergency period provided an occasion for the


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judges of the Supreme Court to openly disregard the impediments of Anglo-Saxon procedure in

providing access to justice to the poor.2

Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the

interest of that nebulous entity: the public in general. Prior to 1980s, only the aggrieved party

could personally knock the doors of justice and seek remedy for his grievance and any other

person who was not personally affected could not knock the doors of justice as a proxy for the

victim or the aggrieved party. In other words, only the affected parties had the locus standi

(standing required in law) to file a case and continue the litigation and the non affected persons

had no locus standi to do so. And as a result, there was hardly any link between the rights

guaranteed by the Constitution of Indian Union and the laws made by the legislature on the one

hand and the vast majority of illiterate citizens on the other. The traditional view in regard tolocus standi in Writ jurisdiction has been that only such persons who: a) Has suffered a legal

injury by reason of violation of his legal right or legally protected interest; or b) Is likely to suffer

a legal injury by reason of violation of his legal right or legally protected interest. Thus before a

person acquired locus standi he had to have a personal or individual right which was violated or

threatened to be violated . He should have been a person aggrieved in the sense that he had

suffered or was likely to suffer from prejudice, pecuniary or otherwise.

However, all these scenario gradually changed when the post emergency Supreme Court tackled

the problem of access to justice by people through radical changes and alterations made in the

requirements of locus standi and of party aggrieved. The splendid efforts of Justice P N

Bhagwati and Justice V R Krishna Iyer were instrumental of this juristic revolution of eighties to

convert the Apex Court of India into a Supreme Court for all Indians. Justice V. R. Krishna Iyer

and P. N. Bhagwati recognised the possibility of providing access to justice to the poor and the

exploited people by relaxing the rules of standing. In the post-emergency period when the

political situations had changed, investigative journalism also began to expose gory scenes of

governmental lawlessness, repression, custodial violence, drawing attention of lawyers, judges,

and social activists. PIL emerged as a result of an informal nexus of pro-active judges, media

persons and social activists. This trend shows starke difference between the traditional justice

delivery system and the modern informal justice system where the judiciary is performing

2http://www.ngosindia.com/resources/pil_sc.php


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administrative judicial role. PIL is necessary rejection of laissez faire notions of traditional

jurisprudence.3

The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under

trial prisoners. In Hussainara Khatoon v. State of Bihar, the PIL was filed by an advocate on the

basis of the news item published in the Indian Express, highlighting the plight of thousands of

undertrial prisoners languishing in various jails in Bihar. These proceeding led to the release of

more than 40,000 undertrial prisoners. Right to speedy justice emerged as a basic fundamental

right which had been denied to these prisoners. The same set pattern was adopted in subsequent

cases.

A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case ofS.P.

Gupta v. Union of India. In this case it was held that any member of the public or social action

group acting bonafide can invoke the Writ Jurisdiction of the High Courts or the Supreme Court

seeking redressal against violation of a legal or constitutional rights of persons who due to social

or economic or any other disability cannot approach the Court. By this judgment PIL became a

potent weapon for the enforcement of public duties where executed in action or misdeed

resulted in public injury. And as a result any citizen of India or any consumer groups or social

action groups can now approach the apex court of the country seeking legal remedies in all cases

where the interests of general public or a section of public are at stake.

In 1981 the case ofAnil Yadav v. State of Bihar, exposed the brutalities of the Police. News

paper report revealed that about 33 suspected criminals were blinded by the police in Bihar by

putting the acid into their eyes. Through interim orders Supreme Court directed the State

government to bring the blinded men to Delhi for medical treatment. It also ordered speedy

prosecution of the guilty policemen. The court also read right to free legal aid as a fundamental

right of every accused. Anil Yadav signalled the growth of social activism and investigative

litigation.

3http://www.sscnet.ucla.edu/


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In Citizen for Democracy v. State of Assam, the S. C. declared that the handcuffs and other

fetters shall not be forced upon a prisoner while lodged in jail or while in transport or transit

from one jail to another or to the court or back.4

ASPECTS OF PUBLIC INTEREST LITIGATION5

(a) REMEDIAL IN NATURE: Remedial nature of PIL departs from traditional locus standi rules. It

indirectly incorporated the principles enshrined in the part IV of the Constitution of India into

part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution

had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti

Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this

change in nature of judiciary.

(b) REPRESENTATIVE STANDING: Representative standing can be seen as a creative expansion of

the well-accepted standing exception which allows a third party to file a habeas corpus petition

on the ground that the injured party cannot approach the court himself. And in this regard the

Indian concept of PIL is much broader in relation to the American. PIL is a modified form of

class action.

(c)CITIZEN STANDING: The doctrine of citizen standing thus marks a significant expansion of

the courts rule, from protector of individual rights to guardian of the rule of law wherever

threatened by official lawlessness.

(d) NON-ADVERSARIAL LITIGATION: In the words of Supreme Court inPeoples Union for

Democratic Rights v. Union of India, We wish to point out with all the emphasis at our

command that public interest litigationis a totally different kind of litigation from the ordinary

traditional litigation which is essentially of an adversary character where there is a dispute

4http://www.legalserviceindia.com/article/l171-Public-Interest-Litigation.html

5http://www.ngosindia.com/resources/pil_sc.php


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between two litigating parties, one making claim or seeking relief against the other and that other

opposing such claim or resisting such relief. Non-adversarial litigation has two aspects:

1. Collaborative litigation: In collaborative litigation the effort is from all the sides. The

claimant, the court and the Government or the public official, all are in collaboration here to see

that basic human rights become meaningful for the large masses of the people. PIL helps

executive to discharge its constitutional obligations. Court assumes three different functions

other than that from traditional determination and issuance of a decree. (i). Ombudsman- The

court receives citizen complaints and brings the most important ones to the attention of

responsible government officials. (ii) ForumThe court provides a forum or place to discuss the

public issues at length and providing emergency relief through interim orders. (iii) Mediator

The court comes up with possible compromises.

2. Investigative Litigation: It is investigative litigation because it works on the reports of the

Registrar, District Magistrate, comments of experts, newspapers etc.

(e) CRUCIAL ASPECTS: The flexibility introduced in the adherence to procedural laws. In Rural

Litigation and Entitlement Kendra v. State of U.P., Supreme Court rejected the defense of Res

Judicta. Court refused to withdraw the PIL and ordered compensation too. To curtail custodial

violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines.

Supreme Court has broadened the meaning of Right to live with human dignity available under

the Article 21 of the Constitution of India to a greatest extent possible.

(f) RELAXATION OF STRICT RULE OF LOCUS STANDI: The strict rule of locus standi has been

relaxed by way of(a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State

of Bihar, Supreme Court held that a petitioner, a professor of political science who had done

substantial research and deeply interested in ensuring proper implementation of the constitutional

provisions, challenged the practice followed by the state of Bihar in repromulgating a number of

ordinances without getting the approval of the legislature. The court held that the petitioner as a

member of public has sufficient interest to maintain a petition under Article 32.

The rule of locus standi have been relaxed and a person acting bonafide and having sufficient

interest in the proceeding of Public Interest Litigation will alone have a locus standi and can


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approach the court to wipe out violation of fundamental rights and genuine infraction of statutory

provisions, but not for personal gain or private profit or political motive or any oblique

considerationcourt has to strike balance between two conflicting interests:

(i) nobody should be allowed to indulge in wild and reckless allegations besmirching the

character of others; and

(ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique

motives, justifiable executive and the legislature. It is depressing to note that on account of

trumpery proceedings initiated before the courts, innumerable days are wasted, which time

otherwise could have been spent for the disposal of cases of genuine litigants. Though the

Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and

extending its ling arm of sympathy to the poor, ignorant, the oppressed and the needy whosefundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented

and unheard.

(g) EPISTOLARY JURISDICTION: The judicial activism gets its highest bonus when its orders

wipe some tears from some eyes. This jurisdiction is somehow different from collective action.

Number of PIL cells was open all over India for providing the footing or at least platform to the

needy class of the society.

Features of PIL

Through the mechanism of PIL, the courts seek to protect human rights in the following ways:

1) By creating a new regime of human rights by expanding the meaning of fundamental right

to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid,

dignity, means and livelihood, education, housing, medical care, clean environment, right against

torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on

emerge as human rights. These new reconceptualised rights provide legal resources to activate

the courts for their enforcement through PIL.


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2) By democratization of access to justice. This is done by relaxing the traditional rule of locus

standi. Any public spirited citizen or social action group can approach the court on behalf of the

oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram.

This has been called epistolary jurisdiction.

3) By fashioning new kinds of reliefs under the courts writ jurisdiction. For example, the

court can award interim compensation to the victims of governmental lawlessness. This stands in

sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to

preserving the status quo pending final decision. The grant of compensation in PIL matters does

not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court

can fashion any relief to the victims.

4) By judicial monitoring of State institutions such as jails, womens protective homes,

juvenile homes, mental asylums, and the like. Through judicial invigilation, the court seeks

gradual improvement in their management and administration. This has been characterized as

creeping jurisdiction in which the court takes over the administration of these institutions for

protecting human rights.

5) By devising new techniques of fact-finding. In most of the cases the court has appointed

itsown socio-legal commissions of inquiry or has deputed its own official for investigation.Sometimes it has taken the help of National Human Rights Commission or Central Bureau of

Investigation (CBI) or experts to inquire into human rights violations. This may be called

investigative litigation.

ISSUES RELATED TO PIL6

Issues relating to the following matters can be taken in to PIL

1. Basic amenities such as roads, water, medicines, electricity, primary school, primary

health centre, bus service, etc,

2. Rehabilitation of displaced persons.



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3. Identification and rehabilitation of bonded and child labourers.

4. Illegal detention of arrested persons.

5. Torture of persons in police custody.

6, Custodial deaths.

7, Protection of prisoner's rights.

8. Jail reform.

9. Speedy trials of under trials.

10. Ragging in colleges.

11. Atrocities by police.

12. Atrocities against SCs/STs.

13. Neglect of inmates of government welfare homes,

14. Children in custody.

15. Adoption of children.

18, Corruption charges against public servants.

17. Maintenance of law and order,

18. Payment of minimum wages.

10. Legal aid to the poor.


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A PIL CAN BE FILED WHEN THE FOLLOWING CONDITIONS ARE FULFILLED:7

1.There must be a public injury and public wrong caused by the wrongful act or omission of

the state or public authority.

2.It is for the enforcement of basic human rights of weaker sections of the community who

are downtrodden, ignorant and whose fundamental and constitutional rights have been

infringed.

3.It must not be frivolous litigation by persons having vested interests.

Concept of locus standi in PIL8

Public Interest Litigation is very closely linked with the relaxation of locus standiand

providing easy access to justice. It is also concerned with the protection of the countless and

unrepresented masses of India, a third world country, who are not in position to protect their

rights due to poverty, illiteracy, indigence and other social, economic and political factors.

As regards the civil remedies, the courts recognize the locus standiof only the aggrieved

persons, to seek a remedy in a civil court. A minor concession is made under the Code of Civil

Procedure, providing for class or representative action. Under the Criminal Procedure, only anaffected or aggrieved person is competent to maintain an accusation or complaint, and generally

not a stranger. As regards the Constitutional remedies provided under Article 32 before the

Supreme Court and under Article 226 before the High Courts there is nothing contained in these

two Articles to suggest that the locus standi of only the aggrieved person is to be recognized,

while issuing appropriate orders, directions or writs. In spite of glaring silence, the

7

http://www.sscnet.ucla.edu/

8PIL An over view [email protected]


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Constitutional Courts in India have followed the traditional principle oflocus standiand

permitted only the aggrieved person to initiate proceedings under Article 32 and 226. Probably

this is due to the influence of the Anglo Saxon jurisprudence which has had a sway over the

Indian judicial system in almost all the areas of administration of justice. Locus standiconcept

was not an exception to this phenomenon. This rigid procedural barricade has been broken by the

Supreme Court of India only in the 1980s through the concept of Public Interest Litigation,

popularized by judges like Justice V.R.Krishna Iyer and Justice P.N. Bhagwati.

WHO CAN FILE A PIL ?9

ANY ONE CAN FILE A PIL PROVIDED:

o He is a member of the public acting bona fide and having sufficient interest in institutingan action for redressal of public wrong or public injury.

o He is not a mere busy body or a meddlesome interloper.o His action is not motivated by personal gain or any other oblique consideration.

THE FILING OF PIL10

Public Interest Litigation petition is fioled in the same manner, as a writ petition is filed. If a PIL

is filed in a High Court, then two (2) copies of the petition have to be filed (for Supreme Court,

then (4)+(1)(i.e.5) sets). Also, an advance copy of the petition has to be served on the each

respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.

A Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs 50) have to

be affixed on the petition. Proceedings, in the PIL commence and carry on in the same manner,

as other cases. However, in between the proceedings if the Judge feels that he may appoint the




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commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems,

etc. After filing of replies, by opposite party, or rejoinder by the petitioner, final hearing takes

place, and the judge gives his final decision.11

Against whom Public Interest Litigation can be filed12

A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities,

and not any private party. The definition of State is the same as given under Article 12 of the

Constitution and this includes the Governmental and Parliament of India and the Government

and the Legislature of each of the States and all local or other authorities within the territory

of India or under the control of the Government of India. According to Art.12, the term

State includes the Government and Parliament of India and the Government and the

Legislatures of each of the States and all local or other authorities within the territory of India

or under the control of the Government of India. Thus the authorities and instrumentalities

specified under Art.12 are

All local authorities

1. The Government and Parliament of India

2.The Government and Legislature of each of the States

3. Other authorities within the territory of India or under the Government of India.

In Electricity Board, Rajasthan v. Mohan Lal, the Supreme Court held that other authorities

would include all authorities created by the Constitution of India or Statute on whom powers

are conferred by law.

o However, Private party can be included in the PIL as Respondent, after makingconcerned state authority, a party. For example- if there is a Private factory in Delhi,

11/ http://www.sscnet.ucla.edu

12PIL http://www.sscnet.ucla.edu


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3. Help the people to decide whether legal action must be taken in the court to enforce their

rights or to prevent the violation of their rights.

4. Write out a petition with all the facts and details, dates, etc,

5. Specify in the petition the type of relief wanted by the people.

8. Get the signatures of all the affected people, if possible.

7, Collect all the available documents, paper clippings, photographs, investigation reports,

certificates and affidavits related to the issue and attach them to the main petition as

annexure.

8. If possible, consult a socially conscious lawyer or the members of the local legal aid

society before sending the petition.

9. Send the registered petition to the Chairman of the High Court Legal Services Committee

of the respective High Court or to the Chairman of the Supreme Court Legal Services

Committee, New Delhi-110 001.

FACTORS EFFECTING THE GROWTH OF PIL14

Among, the numerous factors that have contributed to the growth of PIL in this country, the

following deserve special mention:

The character of the Indian Constitution. Unlike Britain, India has a written constitution which

through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides

a framework for regulating relations between the state and its citizens and between citizens inter-

se.

India has some of the most progressive social legislation to be found anywhere in the world

whether it be relating to bonded labor, minimum wages, land ceiling, environmental protection,

etc. This has made it easier for the courts to haul up the executive when it is not performing its

duties in ensuring the rights of the poor as per the law of the land.

The liberal interpretation of locus standi where any person can apply to the court on behalf of

14www.legalservicesindia.com/pil/article/blog_pil9


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those who are economically or physically unable to come before it has helped. Judges

themselves have in some cases initiated suo moto action based on newspaper articles or letters

received.

Although social and economic rights given in the Indian Constitution under Part IV are not

legally enforceable, courts have creatively read these into fundamental rights thereby making

them judicially enforceable. For instance the "right to life" in Article 21 has been expanded to

include right to free legal aid, right to live with dignity, right to education, right to work, freedom

from torture, bar fetters and hand cuffing in prisons, etc.

Sensitivejudges have constantly innovated on the side of the poor. for instance, in the Bandhua

Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the respondent stating

it would treat every case of forced labor as a case of bonded labor unless proven otherwise by the

employer. Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone

getting less than the minimum wage can approach the Supreme Court directly without going

through the labor commissioner and lower courts

In PIL cases where the petitioner is not in a position to provide all the necessary evidence,

either because it is voluminous or because the parties are weak socially or economically, courts

have appointed commissions to collect information on facts and present it before the bench.

Mechanism for protection of Human Rights through PIL15

Features of PIL through the mechanism of PIL, the courts seek to protect human rights in the

following ways:

1) By creating a new regime of human rights by expanding the meaning of fundamental right to

equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity,

means and livelihood, education, housing, medical care, clean environment, right against torture,

sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge

as human rights. These new re-conceptualised rights provide legal resources to activate the

courts for their enforcement through PIL.

15http://kpcraoindia.blogspot.in/public-interestlitigation-piloverview.html


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2) By democratization of access to justice. This is done by relaxing the traditional rule of locus

standi. Any public spirited citizen or social action group can approach the court on behalf of the

oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram.

This has been called epistolary jurisdiction.

3) By fashioning new kinds of reliefs under the courts writ jurisdiction. For example, the court

can award interim compensation to the victims of governmental lawlessness. This stands in sharp

contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving

the status quo pending final decision. The grant of compensation in PIL matters does not

preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can

fashion any relief to the victims.

4) By judicial monitoring of State institutions such as jails, womens protective homes, juvenile

homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual

improvement in their management and administration. This has been characterized as creeping

jurisdiction in which the court takes over the administration of these institutions for protecting

human rights.

5) By devising new techniques of fact-finding. In most of the cases the court has appointed its

own socio-legal commissions of inquiry or has deputed its own official for investigation.Sometimes it has taken the help of National Human Rights Commission or Central Bureau of

Investigation (CBI) or experts to inquire into human rights violations. This may be called

investigative litigation.

MERITSOFPIL16

The character of the Indian Constitution. Unlike Britain, India has a written constitution

which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy)

provides a framework for regulating relations between the state and its citizens and between

citizens inter-se.

16


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India has some of the most progressive social legislation to be found anywhere in the world

whether it be relating to bonded labor, minimum wages, land ceiling, environmental protection,

etc. This has made it easier for the courts to haul up the executive when it is not performing its

duties in ensuring the rights of the poor as per the law of the land.

The liberal interpretation of locus standi where any person can apply to the court on behalf

of those who are economically or physically unable to come before it has helped. Judges

themselves have in some cases initiated suo moto action based on newspaper articles or letters

received.

Although social and economic rights given in the Indian Constitution under Part IV are not

legally enforceable; courts have creatively read these into fundamental rights thereby making

them judicially enforceable. For instance the "right to life" in Article 21 has been expanded to

include right to free legal aid, right to live with dignity, right to education, right to work, freedom

from torture, bar fetters and hand cuffing in prisons, etc.

Sensitive judges have constantly innovated on the side of the poor. for instance, in the

Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the

respondent stating it would treat every case of forced labor as a case of bonded labor unless

proven otherwise by the employer. Similarly in the Asiad workers judgment case, Justice P.N.Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court

directly without going through the labor commissioner and lower courts.

In PIL cases where the petitioner is not in a position to provide all the necessary evidence,

either because it is voluminous or because the parties are weak socially or economically, courts

have appointed commissions to collect information on facts and present it before the bench.


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ABUSE OF THE PUBLIC INTEREST LITIGATION:17

161. Unfortunately, of late, it has been not iced that such an important jurisdiction which has

been carefully carved out, created and nurtured with great care and caution by the courts, is being

blatantly abused by filing some petitions with oblique motives. We think time has come when

genuine and bona fide public interest litigation must be encouraged whereas frivolous public

interest litigation should be discouraged.

162. In our considered opinion, we have to protect and preserve this important jurisdiction in the

larger interest of the people of this country but we must take effective steps to prevent and cure

its abuse on the basis of monetary and non- monetary directions by the courts.

GIST OF FEW LAND MARK CASE LAWS RELATED TO PIL

Peoples Union for Democratic Rights v. Union of India (A.I.R.. 1982, S C 1473). The court

now permits Public Interest Litigation or Social Interest Litigation at the instance of Public

spirited citizens" for the enforcement of constitutional & legal rights of any person or group of

persons who because of their socially or economically disadvantaged position are unable to

approach court for relief. Public interest litigation is a part of the process of participate justice

and standing in civil litigation of that pattern must have liberal reception at the judicial door

steps.

In the Judges Transfer Case - AIR 1982, SC 149: Court held Public Interest Litigation can be

filed by any member of public having sufficient interest for public injury arising from violation

of legal rights so as to get judicial redress. This is absolutely necessary for maintaining Rule of

law and accelerating the balance between law and justice. It is a settled law that when a person

approaches the court of equity in exercise of its extraordinary jurisdiction, he must not only

approach it with clean hands but also with clean mind, heart and objectives.

17The Supreme Court inState of Uttranchal v. Balwant Singh Chaufal & Others
http://indiankanoon.org/doc/161999/http://indiankanoon.org/doc/161999/http://indiankanoon.org/doc/161999/http://indiankanoon.org/doc/161999/


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Shiram Food & Fertilizer case AIR (1986) 2 SCC 176 SC through Public Interest Litigation

directed the Co. Manufacturing hazardous & lethal chemical and gases posing danger to life and

health of workmen & to take all necessary safety measures before re-opening the plant.

In the case of M.C Mehta V. Union of India (1988) 1 SCC 471 - In Public Interest Litigation

brought against Ganga water pollution so as to prevent any further pollution of Ganga water.

Supreme court held that petitioner although not a riparian owner is entitled to move the court for

the enforcement of statutory provisions, as he is the person interested in protecting the lives of

the people who make use of the Ganga Water

Parmanand Katara V. Union of India - AIR 1989, SC 2039 :- Supreme Court held in the

Public Interest Litigation filed by a human right activist fighting for general public interest that it

is a paramount obligation of every member of medical profession to give medical aid to every

injured citizen as soon as possible without waiting for any procedural formalities.

Council For Environment Legal Action V. Union Of India - (1996)5 SCC 281: Public Interest

Litigation filed by registered voluntary organisation regarding economic degradation in coastal

area. Supreme Court issued appropriate orders and directions for enforcing the laws to protect

ecology.

A report entitled "Treat Prisoners Equally HC" published in THE TRIBUNE, Aug 23 Punjab &

Haryana High Court quashed the provisions of jail manual dividing prisoners into A , B & C

classes after holding that there cannot be any classification of convicts on the basis of their social

status, education or habit of living .This is a remarkable ruling given by High Court by declaring

576-A paragraph of the manual to be " Unconstitutional".

State V. Union Of India - AIR 1996 Cal 181 at 218: Public Interest Litigation is a strategic arm

of the legal aid movement which intended to bring justice. Rule of Law does not mean that the

Protection of the law must be available only to a fortunate few or that the law should be allowed

to be abused and misused by the vested interest. In a recent ruling of Supreme Court on "

GROWTH OF SLUMS" in Delhi through Public Interest Litigation initiated by lawyers Mr. B.L.


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Wadhera & Mr. Almitra Patel Court held that large area of public land is covered by the people

living in slum area . Departments despite being giving a dig on the slum clearance, it has been

found that more and more slums are coming into existence. Instead of "Slum Clearance", there is

"Slum Creation" in Delhi. As slums tended to increase; the Court directed the departments to

take appropriate action to check the growth of slums and to create an environment worth for

living.

CONCLUSION18

The jurisprudential philosophy and the need for public interest litigation has been summarised

byJusticeKrishna Iyerin an extrajudicial writing as follows;

Class actions, public interest litigation, test cases, interventions by public organisations and thelike in civil and criminal cases are facets of participate justice on behalf of the poor. This

involves jurisprudential changes including redefinition of'cause of action', 'aggrieved

person'and many other concepts. For instance, the horrendous escalation of automobile

accidents causes indescribable misery, and no-fault liability, now that insurance is nationalised,

is simple social justice. And yet Callous governments and docket crowded courts with no regard

to human relief, leave this principle in the code, despite a long ago report of the law commission

for its partial acceptance. Therefore, if the poor are to have a stake in the rule of law we may now

to create a new jurisprudence. Shall I call it people oriented jurisprudence so necessitous in the

third world conditions?

Public interest litigation is, of course, an important and vital branch of public law and the

Supreme Court has ruled that in a public law proceeding, there is constitutional obligation

imposed on the court to forge new tools necessary to give relief for doing complete justice and to

preserve and protect the rule of law. The court is ready to invoke the power available to the

Supreme Court under article 142 of the constitution.

PIL represents the first attempt by a developing common law country to break away from legal

imperialism perpetuated for centuries. It contests the assumption that the most western the law,

18 [Published in Corporate Secretary of ICSI, February, 2011]


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the better it must work for economic and social development such law produced in developing

states, including India, was the development of under develop men. The shift from legal

centralism to legal pluralism was prompted by the disillusionment with formal legal system. In

India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal

legal system itself through PIL. We may end with the hope once expressed by Justice Krishna

Iyer, The judicial activism gets its highest bonus when its orders wipe some tears from some

eyes

INTERNET LAST VISITED ON 29/08/12 FOR PURPOSE OF THIS ASSIGNMENT

Documents

PIL AN OVER VIEW