Constitution Law, Public Interest LitigationAdvocate Tanwar

INTRODUCTION:

The traditional doctrine of ”Locus standi” restricts the right to approach the court only to those individuals who are directly affected by a dispute.

However, in a country like India, where vast sections of the population are marginalized, illiterate, or economically weak, this doctrine often prevents the voiceless from seeking justice. To overcome this barrier, the Indian judiciary introduced the concept of Public Interest Litigation (PIL)—a revolutionary legal mechanism that allows any person or organization to file a petition on behalf of the public or a specific oppressed group, even if the petitioner is not personally affected.

ORIGIN OF PIL: The idea of PIL first emerged in the United States, inspired by the civil rights movement and the concept of legal aid for the underprivileged.

INDIAN CONTEXT: PIL began taking shape in India during the 1980s. Justice P.N. Bhagwati and Justice Krishna Iyer played a foundational role in its evolution.

1st major case of PIL in India: Hussainara Khatoon v. State of Bihar (1979). Filed by advocate Kapila Hingorani, often called the ‘mother of PIL’ in India. The case led to the release of undertrial prisoners languishing in jail without a timely trial.

Objectives of Public Interest Litigation:

  1. Ensuring justice for the marginalized: To safeguard the rights of the poor, backward, and socially excluded groups who are often unable to access courts on their own.
  2. Promoting judicial activism: Empowering courts to take suo motu cognizance of public issues and intervene positively beyond traditional dispute resolution.
  3. Accountability in Governance: Monitoring executive inaction, administrative lapses, or harmful public policies by judicial scrutiny.

KEY FEATURES OF PIL

  1. Petitioner need not be affected: Any concerned individual, NGO, organization, or group can file a PIL for the benefit of others.
  2. Flexible format: Even a letter, postcard, or newspaper clipping may be treated as a PIL if the issue is grave and genuine.
  3. Filed in SC Or HC: under article (32) in the Supreme Court and article (226) in the High Court for enforcement of fundamental rights
  4. Doctrine of public representation: PIL breaks away from traditional locus standi and embraces the idea that any public-spirited person may represent the affected group in court.
  5. Judicial oversight: Courts act as guardians of the public interest, going beyond adjudication to ensure governance accountability.

    SCOPE AND ISSUES COVERED BY PIL:

    PIL can be filed in matters concerning:

    • Human rights violation
    • Environmental degradation
    • Child labour
    • Child marriage
    • Prison conditions and reforms
    • police atrocities and custodial death
    • women’s deaths and gender-based violence
    • Right to education and healthcare
    • Forest and wildlife conservation

    LIMITATIONS AND CHALLENGES OF PIL:

    1. Misuse for political or personal gains: Some petitions are filed not for public welfare but for political vendetta, media attention, or to harass officials.
    2. Judicial Overreach: Courts, through PILs, sometimes intervene in policymaking—a domain reserved for the legislature and executive.
    3. Lack of experience: Courts may issue orders in areas like environment, economy, and technology without the requisite domain expertise, resulting in impractical directions.
    4. Judicial burden: an increasing number of frivolous PILs clog the courts dockets, delaying justice in serious matters.

    SUGGESTIONS FOR REFORM

    1. Fast-track courts for pil: special benches may be constituted for quick disposal of urgent and genuine PILs
    2. Define limits of suo motu action: judicial activism must be balanced with institutional boundaries to avoid encroachment
    3. punitive action against frivolous PILs: imposing fines on petitioners filing baseless PILs to deter misuse.
    4. Preliminary scrutiny mechanism: courts should develop a filter to screen PILs at the admission stage

    CONCLUSION:

    PIL is a powerful tool in the hands of the judiciary to ensure justice, equality, and democratic accountability in India. However, the success of PIL depends on its genuine, responsible, and transparent use. Therefore, it must be used as a sincere attempt to uphold the constitutional vision of justice, liberty, and equality for all.

    CONTRIBUTED BY—ANSHU (INTERN)