PLS LECTURE NOTES

Lecture ppt

TABLE OF CONTENTS:

o Concept of Public Interest Litigation

o Legal provisions
o Judicial Pronouncements
Procedural Path

Public Law Litigation: Defined by American Academic- Abraham Jales?

As a practice of lawyers and Public Spirited Individuals

CONTEMPT OF PUBLIC INTEREST

LITIGATION

o Departure from traditional judicial proceedings.

o PIL has been a conscious attempt to transform the promise into reality.
o From A.K, Gopalan v. State of Madras to Golak Nath Case to Kesavananda Bharti
Power of Judicial Review
o Precipitate Social Change through Court-ordered decree that reforms legal rules,
enforce existing laws.
o PIL, unlike traditional form of litigation is concerned not only about past instances or
occurrences but also about protecting against acts that are ongoing or that may
occur in future.
o Litigation for the Protection of Public Interest.

American Jurists- There is a need to liberalize the joinder of parties.

Relaxed Locus standi
Equitable Relief- It advocated
Injunctive Relief- Objective of law is not only to give redressal but also ensure that the acts
of the parties should be in such a manner to avoid future litigation.

PIL in India
A deviation from traditional judicial proceedings
Key purpose- To absolutely estrange the suffering of all people who have been made to
suffer insensible treatment. Insensible treatment perpetuated by fellow Human Beings. A
violation of Fundaental Right

To shape the judicial system in such a way that it brings some sort of relief-
Accountability of the state for constitutional and legal violations
To develop a certain legal system that brings the state into the picture, to help weaker
sections of the society who have been oppressed by the state’s mechanisms.
Judiciary keeping a check on the executive
Another factor: Economic resources of the citizens. It is difficult for people to approach the
courts. Need for a cost-effective remedy to address problems.
Hardly any link guaramteed by the constitution of India between the parts of the society who
will be governed by the constitution.
Need for a way to strengthen this link.

PUBLIC INTEREST LITIGATION- LOCUS

• It develops a new jurisprudence of the accountability of the state.
= Litigation was seen as a private pursuit for the vindication of private vested
interests.
= The initiation and continuation of litigation was the prerogative of the
injured person or the aggrieved party.

o There were very little efforts or attempts to take up wider issues that affected classes
of consumers or the general public at large.
o There was a weak link between the rights guaranteed by the Constitution of India and
citizen of the country.

Earlier, litigation was a private matter, which protected rights of the FEW
PIL widened the scope of litigaton

PIL- fulfillment of a promise given by the framers of the constitution

Creation of a social order based on equality- social and economic
Addressed the practical application to seek remedy

History-

"PUBLIC INTEREST LITIGATION- LOCUS"

o Tradition system of litigation was highly individualistic and adversarial.

o It was ill-suited to meet the collective claims of the underprivileged in the society.
o Fulfill Constitutional promise of social and economic order based on equality.
o Proactive and enlightened members of judiciary exercised their insight to rebalance
the distribution of legal resources, increase access to justice for disadvantaged.
o Justice PN Bhagwati and Justice V R Krishna lyer were instrumental of this juristic
revolution.
PIL can be filed without investment of heavy court fees.

Members of the judiciary devised a way to rebalance the legal resources.

Judicial Pronouncements

"JUDICIARY AND PIL"

o Hussainara Khatoon v State of Bihar - Series of articles published in news paper

which exposed the plight of under-trial prisoners in Bihar. A Writ Petition was filed by
an advocate qua deplorable plight of these prisoners.
o The Hon'ble SC accepted the "Locus Standi" of the advocate to maintain the Writ
Petition.
o Upendra Baxi (Dr.) v. State of U.P. (1983) 2 SCC 308-
o i) Inhuman Conditions prevailing in protective homes
o (ii) Long pendency of Trials in Court.
 o (iii) Trafficking of Women
o (iv) Non-payment of wages to Bonded Labourers

Upendra Baxi-
Petitioner filed for various abuses of law
Especially art 21
Right to life cannot be taken away as per the whims and fancies of large organizations/govt
institutions
Petitioners were professors of college, however, their locus stand was excepted
SC said that locus standi cannot become a bar to address the plight of masses at large

"JUDICIARY AND PIL"

• In Case- "Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96" - A
who were confined in the
Journalist took up the plight of women prisoners who were confined in the police jails in the
city of Bombay. Series of Directions were issued by the Hon'ble Court such as detention of
female prisoners only in designated female lock-ups guarded by female constables and that
accused females could be interrogated only in the presence of a female police official.

o "Epistolary Jurisdiction" - Sunil Batra v. Delhi Administration - Letter written by a

prisoner lodged in jail to Judge of SC. The Hon'ble Court treated the said letter as a
Writ Petition and issued several directions.
o Municipal Council, Ratlam v. Vardichand- The Hon'ble Court recognized the locus
standi of a group of citizens who sought directions against the local municipal council
for removal of open drains that caused stench as well as diseases.

Sunil Batra Case: SC said “technicalities and legal niceties are no impediment to the
court, entertaining even an informal communication for the proceedings of Habeas
Corpus if the basic facts are found.”

Vardichand case: SC observed: “Centre of gravity of justice is to shift as indeed as

the preamble to the constitution mandates from a traditional individualistic approach
of locus standi to community oriented public litigation . The court must consider the
issues that concern ordinary men.”

Ex: Road accidents.

People don’t help victims of rpad accidents because they think that helping them would
embroil themselves in all police formalities and legal battles.

"JUDICIARY AND PIL"

"Parmanand Katara v Union of India"- "Law helps the Injured to Die" - The Hon'ble Court
accepted an application by an advocate qua difficulties suffered by people met with road
accidents in securing life saving medical treatments as doctors refused to treat them unless
certain formalities are completed.
Adv Arun Wighmal

o SP Gupta v. Union of India- It recognizes locus standi of bar associations to file writ
petitions by way of PIL since they had a legitimate interest in questioning the
executive's policy of arbitrarily transferring the High Court Judges threatening
independence of judiciary.
o Bandhua Mukti Morcha v. Union of India- SC explained the need to abandon the
traditional approach to the judicial process in order to "forge new tools" to give
meaningful content to the fundamental rights of the people.
Parmanand Katara
SC addressed a news item- The law helps the injured to die
Fill forms
Medical formalities
Bring criminal justice system into play
Etc., etc.

SP Gupta-
Court accepted the locus standi of Bar Associations to file on behalf of the public interest
Questioning executive policy of arbitrarily transferring judges

It must now be regarded as well settled law that if a person who has suffered some legal
wrong or some legal injury is unable to approach the court on account of some disability or it
is not practicable for him to move the court for some other sufficient reasons, and the
reasons could be multiple reasons, such as socially or economically disadvantaged position,
or some other person can invoke the assistance of the court.

LGBTQIA- PIL as a way to promote gender justice

Environmental Rights- Healthy environment directly connected to right to life- availability of
food, clean air, etc.
Providing safe working environment- Vishakha Guidelines
Right to engage in political environment- PUCL v. UOI, addressed issue of underaged
laboureres and underpaid workers. Violation of constitutional guarantees- SC.

Bandhua Mukti Morcha-

SC- need to do away with the traditional approach of the legal system.
PN Bhagwati- “It is necessary to depart from the adversarial procedure and to evolve
a new procedure which will make it possible for the poor and the weak to bring
necessary materials in front of the court for the protection of their fundamental
rights.”

Further said - if we blindly follow the adversarial procedure, they would never be able
to enforce their Fundamental Rights and the result would be a mockery of the
Constitution.

Shri Ram food fertilizers case-

Eg given by him- there have been cases where ppl are illegally detained, custodial deaths
and extra-judicial deaths. SC provided compensation, “adequate compensation”, to do
absolute justice.

""JUDICIARY AND PIL""

o MC Mehta v. Union of India- Environmental Cases.

o Direction to check pollution in River Ganga.

Adv Arun Wighmal

• Delhi Domestic Working Women's Forum v. UOI- SC Issue guidelines for rehabilitation and
compensation for the rape of working women. - Domestic workers.

Domestic Workers and PIL-

To summarize-
PIL is governing public spirited action
Any individual who has feeling to bring societal change- who feel that FRs are not being
implemented
Letter can be treated as a petition, SC has appointed amicus curae. Heard the govt’s side
also
It has also played the role of a fact finding body

Ppl also tend to use PIL to seek publicity

A private-spitited action
SC has laid heavy cost on such actions

Social actions group has utilized PIL

He gives an eg: If u travel by metro, there are small indications that help disabled ppl,
especially the visually blind. Even this is an outcome of PIL.
Objective of PIL is to cater to the downtrodden
PIL is a tool to bring judicial reforms, given to the public/masses at large to seek legally
entitled rights.

“I strongly feel that Indian Judiciary has played a significant role in actively exercising
PIL as a tool. I sincerely believe that in coming times as well, PIL will contribute to
make human life better”

AKRITI CHAUBEY- GUEST LECTURE

For PIL- Two safeguards

To determine there is a bonafide public interest
To determine that the judiciary is confined to its areas of jurisdiction, no judicial
overreaching. Ensuring that they are not stepping into policy areas

In SP Gupta v. UOI- lawyers had locus standi

First actual case in which the PIL was used- Hussainara Khatoon v. State of Bihar

In judges case- it was held that when you fie a PIL, you must bear an undertaking that you
don’t have any private interest.

But now the test has shifted. The party may have a private interest in matters of public
concern but it should not have any ulterior motive.

BASIC THINGS NEEDED FOR FILING A PIL

1. Declaration stating that there is no private interest involved and the issue is of public
interest. No ulterior motive.
2. The outcome of the case will not have any bearing on any legal dispute that I am a
part of
3. PIL is nothing but the exercise of writ jurisdiction- So decide whether PIL is to be filed
under 226 or 32. To determine this, you have to keep in mind three things-
a) does the matter have a cross country effect?- if YES, then Art 32
b) If challenging a central legislation- 32
c) If you’re challenging a practice that is affecting more than one state
To summarize- cross country effect, if relief is sought from two or more states, If
enactments of two or more countries are challenged- IF YES THEN SC

4. An intervention application can be filed in an existing PIL for adjudication of other

issues.
5. If several PILs are pending before a HC, you can file a transfer petition to club
everything and get hearing in the SC. Eg: Right to freedom of religion acts. SC can
decide in a consolidated manner.
6. Only advocates on record can file a PIL- who have practiced for 5 years and
undergone 1 year of training under an advocate on record and clear an examination
pf the SC.
7. A court fees of Rs 500 is applicable. In criminal matters, no fees applicable.

CRITICISMS
Judicial overreach
Bizzare PIL

ELEMENTS OF PIL

1. Listing Performa- SC- Annexure A

Contains basic info of the matter and helps the registry in categorizing it. Contains all acts
and sections that are challenged.
Also contains nature of the PIL- Civil/Criminal
Name, E-mail, Mobile No. of the petitioner and respondent

2. Category Classification- Annexure A1

Qu Search
A1

 Main category classification: - 08 - Letter Petition & PIL Matters

 Sub classification: - 0818- Social Justice Matters

Not to be listed before: - NA

(a) Similar disposed of matter with citation, if any, & case details:
No Similar matter is disposed of.
(b) Similar pending matter with case details: - No Similar matter is pending.
Criminal Matters:- NA

 Whether accused/convict has surrendered: O Yes ONo

 FIR No. NA

Date: NA

 Police Station: NA
 Sentence Awarded: NA
 Period of sentence undergone including period of
Detention/Custody Undergone: NA

Identify the category in which the matter falls.

 3. Synopsis- Annexure B- MOST IMPORTANT- If Court is convinced by this, it will
entertain the PIL

Mentions Jurisdiction, UNDER WHICH ARTICLE YOU HAVE APPROACHED THE COURT
AND WHY HAVE YOU APPROACHED THE COURT

Give a background of the petitioner

The kind of problem/ suffering

To explain that you approached a certain govt authority and that authority did not respond to
your issue and now the only forum available is the court. —-Attach proof that you approched
the govt-Letters, E-mails

LIST OF DATES- shows the sequence of events

Write in one line what the petition is about. Eg:

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA TO ENSURE

SAFE RETURN OF THE MIGRANT WORKERS OF MUMBAI TO THEIR HOMETOWNS

4. If filing in the SC, you must give your personal details- PAN, AADHAR and Annual
Income. Undertaking stating that no personal gain
5. Description of questions of general public importance- questions of law
6. Grounds-
7. Prayer- Make the prayer broad. Include specific prayer or any other writ. So that
there is room for innovative solutions.

END WITH-

(1) Pass such other/further order as this Hon'ble Court may deem fit and proper in the facts
and circumstances of the present
case.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER S IN DUTY BOUND, SHALL
EVER PRAY.

8. File an appendix mentioning all the relevant statues applicable.

9. Application for interim relief
10. Interim Prayers
11. Vakalatnama