PIL

Q 1.6 Discuss in detail the concept of Public Interest Litigation and Indian
Constitutional provisions relating to PIL.

The Concept of PIL

INTRODUCTION:

Public interest litigation in India is considered to be a litigation which is

intended not for the benefit of an individual.

It is for the benefit of a class or a group of persons who are either victims of
exploitation or oppression or who are denied their constitutional rights.

They cannot come to the court because of the ignorance poverty and
destitution.

DIFFICULTIES WITH THE STRICT RULE OF STANDING.

Traditionally a person whose the right was in jeopardy was entitled to seek a
remedy this was known as the concept of locus standi.

That means only person who was directly affected was considered eligible to
fight for his rights in the court of law.

However not everybody is rich enough to take the court of law or educated
enough understand his rights.

Following difficulties are realised.

Only ones who were conscious of their rights approached the courts.

Cost of litigation which prevents poor from approaching the courts.

Collective and Diffuse rights of groups or classes or communities. Eg.

Labours, children, women,etc

With administrative explosion the chance of misuse of power has increased.

Also the system has become so complicated that for the common man it is
difficult to understand whom to approach and whom to hold liable for his
rights.
All these factors make it prudent to pave a way for the unaware, or
unaffording to get justice by allowing somebody else to put up a case for their
rights. Thus the rule of locus standi is relaxed in a PIL.

PIL IN INDIAN CONTEXT :

In India PIL originally did not begin as a design to check the executive
operation. It’s rather dull and to give a legal representation for the ignorant
and poor and judicial decision-making process.

PIL is now firmly rooted in article 14 which protects against arbitrariness and
Article 21 which provides everything that goes for a dignified living.

“Citizen Standing” - The Supreme Court has empowered a citizen to

challenge the government in instances of official lawlessness, without the
individual having to suffer any individualised harm. This concept of Citizen
standing was observed in the judges transfer case.

Following steps have been taken by the Supreme Court to give constitutional
status to PIL and make it more meaningful and useful in Indian context.

1. Relaxation of Locus Standi in Article 32 and 226

2. Relaxation of the proceedings of the court - there by meaning that it

does not require any particular kind of legal proceeding to approach
the court via article 32 or article 226. Even a letter or a telegram has
been hard appropriate in deserving cases

3. Relaxation of the adversarial procedure wherein the only

requirement is that the procedure or the proceeding in consideration
for the PIL should be appropriate for the enforcement of fundamental
rights.

4. In appropriate cases the Supreme Court has been asserted with

authority to appoint commissioners and such other officers to gather
facts and data addressing of the plight of the poor.

5. In appropriate cases the Supreme Court has really awarded costs for
contesting the public interest litigation cases.

6. The courts have deprecated adversarial approach in PIL by the

government. They have pointed out that PIL is a challenge and
opportunity for the government to make basic human rights more
meaningful.
 7. The courts have even awarded compensation in cases of gross
violation of fundamental rights.

8. Any citizen can file a public case by filing a petition:

Under Art 32 of the Indian Constitution, in the Supreme Court.
Under Art 226 of the Indian Constitution, in the High Court.
Under sec. 133 of the Criminal Procedure Code, in the Court of
Magistrate.

9. A Public Interest Litigation can be filed against a State/ Central

Govt., Municipal Authorities, and not any private party.

Significance of PIL

1. give to the common people access to the courts

2. instrument of social change 
3. maintaining the Rule of law
4. make justice accessible to the poor and the marginalised.
5. important tool to make human rights reach those who have been denied 
6. Any citizen or organisation who is capable can file petitions on behalf of those
who cannot or do not have the means to do so.
7. It helps in judicial monitoring of state institutions like prisons, asylums,
protective homes, etc.
8. Important tool for implementing the concept of judicial review.
9. Enhanced public participation in judicial review of administrative action.

Weaknesses of PIL

1. the problem of competing rights. when a court orders the closure of a

polluting industry, the interests of the workmen and their families who are
deprived of their livelihood may not be taken into account by the court.
2. overburdening of courts with frivolous PILs by parties with vested
interests.
3. Inordinate delays in the disposal of PIL cases may render many leading
judgments merely of academic value.
4. It increases the chances of confrontation between judiciary and executive.

Conclusion :

1. The greatest contribution of PIL has been to enhance the accountability of the
governments towards the human rights of the poor.
2.  PIL develops a new jurisprudence of the accountability of the state for
constitutional and legal violations
3.  PIL has given astonishing results which were unthinkable three decades ago.
It has helped bonded labourers, tortured under trials and women prisoners,
 humiliated inmates of protective women’s home, blinded prisoners, exploited
children, beggars, and many others through judicial intervention.
4. Judiciary should be cautious enough in the application of PILs to avoid Judicial
Overreach that are violative of the principle of Separation of Power.