PUBLIC INTEREST

LITIGATION
INTRODUCTION
• In India law relating to environment has gained significant movement
only through the public interest litigations.
• In S P Gupta and Ors v Union of India it was held that ‘ a person acting
bonafide and having sufficient interest can move the courts for
redressing public injury, enforcing public duty, protecting social and
collective rights and interests and vindicating public interest.
• During 80s and 90s a wave of environmental litigations were witnessed
and most of them were PIL or class action.
CLASS ACTION
• Class action is embodied in CPC- order 1, Rule 8
• When numerous people have common interest, one or two such
persons can file a suit on behalf of all ( Bhopal Gas Leak case)
PUBLIC INTEREST LITIGATION
• PIL was an innovation especially to safeguard and protect the human
rights of those people who are unable to protect themselves.
• Grounds for filing PIL (S P Gupta and Ors v Union of India )
- Breach of any public duty or
- Violation of some provisions of the constitution or
- Violation of some provision of law
• In PIL cases the court may give any relief such as it may direct an
enquiry or order compensation and cost to restore ecology.
• High courts can also entertain PILs under Article 226.
• Public interest litigation is a result of the relaxation of the locus standi
rules. There was departure from the “proof of injury” approach.
• PILs are filed regularly before the Supreme Court and the High Courts
and they have played a pivotal role in creating environmental
jurisprudence.
• Eg. Ratlam Municipal Council v. Vardhichand; M. C. Mehta v. UOI
• Vellore Citizen Welfare Forum v. Union of India & others
• Research Foundation for Science Technology and Natural Resources
Policy v. UOI
• Narmada Bachao Andolan v Union of India
• S Jagannath v Union of India
• Church of God (Full Gospel) in India v KKR Majestic Colony Welfare
Association
• Murli S Deora v Union of India