Empowering Justice: The Role and Scope of Public Interest Litigation (PIL)

Introduction

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to initiate litigation in the public interest, typically aimed at addressing systemic issues or injustices affecting society at large. PIL has emerged as a powerful tool for promoting accountability, transparency, and social justice in various legal systems around the world.

About Public Interest Litigation (PIL)

• Public interest litigation also known as Social Action Litigation (SAL), Social Interest Litigation (SIL) and Class Action Litigation (CAL).
• Definition of Public Interest Litigation: PIL means a legal action initiated in a court for the enforcement of public interest in which their legal rights or liabilities are affected.
• Origin and Development: The concept of PIL originated and developed in the USA in the 1960s to provide legal representation to previously unrepresented groups and interests.
• Introduction of PIL in India: Introduced in the early 1980s in India, PIL is a product of the judicial activism of the Supreme Court.
• Justice V.R. Krishna Iyer and Justice P.N. Bhagwati are pioneers of the concept of PIL.
• Jurisdiction for Filing of PIL: A PIL can be filed in any High Court or directly in the Supreme Court.

Objectives

• Vindication of the rule of law.
• Facilitating effective access to justice to the socially and economically weaker sections of the society.
• Meaningful realization of the fundamental rights.

Features

• Access to Justice for Marginalized Communities: Bring justice within the reach of the poor masses, who constitute the low visibility area of humanity.
• PIL is a totally different kind of litigation from ordinary traditional litigation. Intended to promote and vindicate public interest.
• Addressing Systemic Injustices: PIL demands that violations of constitutional and legal rights of large numbers of people, who are socially and economically disadvantaged, should not go unnoticed and unredressed.
• Collaborative Advocacy: A co-operative effort on the part of the petitioner upon the vulnerable sections of the community.
• Aim and Scope: Litigation undertaken for the purpose of redressing public injury, enforcing public duty, protecting social, collective, diffused rights and interests or vindicating public interest.
• Role of PIL is creative rather than passive and it assumes a more positive attitude in determining acts.
• No Individual Rights: Unlike traditional dispute resolution mechanisms, there is no determination on adjudication of individual rights.

Following subjects will not be entertained as PIL

• Landlord-tenant matters.
• Service matters and those pertaining to pension and gratuity.
• Complaints against Central/State Government departments and Local Bodies.
• Admission to medical and other educational institutions.
• Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

Principles of PIL

• Constitutional Provisions: PIL can be entertained under Articles 32 and 226 of the Constitution.
• Relaxation of Procedural Laws: The court relaxes the procedural laws and also the law relating to pleadings.
• Relaxation of Locus Standi: The common rule of locus standi is relaxed to enable the court to look into the respective grievances.
• Restrictions on Government Intervention: The Court may not allow the State or the Government from raising the question as to the maintainability of the petition.
• Exclusion of Private Law Disputes: Disputes purely under the realm of private law are not allowed to be agitated as a PIL.
• However, in an appropriate case, the Court, in furtherance of the public interest, may treat a case of personal grievance necessary to enquire into in the interest of justice.
• Appointment of Special Commissions: Special Commission or other bodies to be appointed to investigate the allegations and find out facts.
• Limitations on High Court’s Jurisdiction: HC should not entertain a writ petition by way of PIL questioning the constitutionality or validity of a statute or a statutory rule.

Conclusion

• Public Interest Litigation (PIL) stands as a powerful legal tool aimed at addressing systemic injustices, protecting collective rights, and promoting social justice. 
• Through relaxed procedural rules and expanded locus standi, PIL enables courts to intervene in matters of public importance, ensuring accountability and redressal for societal grievances. 
• Despite its limitations and challenges, PIL remains a vital instrument for advancing the principles of equality, justice, and the rule of law.

DOWNLOAD PDF