Public Interest Litigation (PIL) is a legal instrument for enforcement of laws that advance human rights, ensure justice, liberty and equality.
Concept of PIL has its origin in the case of Hussainara Khatoon vs. State of Bihar (1979) where Justice PN Bhagwati took cognizance of petitions by public spirited individuals.
It was made possible by relaxation of the traditional rule of ‘locus standi’ where any person/ organization could approach the court on behalf of those who are poor, facing social and economic disabilities.
It is not defined in any law or statute. It can be filed through Article 32, Article 226, and Section133 (CrPC).
PIL can be filed against the ‘State’ [Article 12] and NOT any private party.
PIL: Popularity
- Corresponding rise in level and extent of Judicial activism in terms of Judicial review, Due process under Article 21and Article 142.
- Growth in Civil Society Organizations; Educated, informed and empowered citizens.
- Lackadaisical implementation of progressive legislations.
- Approaching court is made easy by approaching SC directly, through post cards etc.
PIL: Impact
- Offers a ladder to justice to disadvantaged sections of society.
- Avenue to enforce collective right and an important instrument of social change.
- Enables civil society to spread awareness about human rights.
- Expanding the scope of fundamental rights.
- Good governance by ensuring accountability and constitutionalism.
PIL: Challenges
- Frivolous, non-genuine use for political/private gains/vested interests.
- Slowing down pace of development projects
- Had led to self-aggrandizement of power by judiciary leading to Judicial Overreach.
- Excessive case load due to numerous PIL petitions resulting in Judicial pendency.
PIL: A way ahead
- Striking a balance between legitimate cases and frivolous cases.
- Court should be fully satisfied that substantial public interest is involved before entertaining the petition.
- Supreme Court has laid out “Guidelines to be Followed for Entertaining Letters/Petitions Received by it as PIL” helps in limiting the categories of cases on which PIL can be filed.
