News & Events
Question – What is Public Interest Litigation? Briefly discuss its importance and challenges in Indian Democracy.
- January 19, 2023
- Posted by: Pallavi Singh
- Category: Blog
Answer –
Public interest Litigation, In simple words, means, litigation filed in a court of law, for the protection of Public Interest, such as pollution, Terrorism, Road safety, constructional hazards etc.
Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed. For e.g.
– Violation of basic human rights of the poor
– Content or conduct of government policy
– Compel municipal authorities to perform a public duty.
– Violation of religious rights or other basic fundamental rights
Justice Krishna Iyer first introduced the idea of public interest litigation in India in Mumbai Kamagar Sabha vs. Abdul Thai in 1976.
Significance of Public Interest Litigation –
1)The aim of PIL is to give to the common people access to the courts to obtain legal redress.
2)PIL is an important instrument of social change and for maintaining the Rule of law and accelerating the balance between law and justice.
3)The original purpose of PILs have been to make justice accessible to the poor and the marginalised.
4)It is an important tool to make human rights reach those who have been denied rights.
5)It democratises the access of justice to all. Any citizen or organisation who is capable can file petitions on behalf of those who cannot or do not have the means to do so.
6)It helps in judicial monitoring of state institutions like prisons, asylums, protective homes, etc.
7)It is an important tool for implementing the concept of judicial review.
8)Enhanced public participation in judicial review of administrative action is assured by the inception of PILs.
Certain Weaknesses of Public Interest Litigation –
1)PIL actions may sometimes give rise to the problem of competing rights. For instance, when a court orders the closure of a polluting industry, the interests of the workmen and their families who are deprived of their livelihood may not be taken into account by the court.
2)It could lead to overburdening of courts with frivolous PILs by parties with vested interests. PILs today has been appropriated for corporate, political and personal gains. Today the PIL is no more limited to problems of the poor and the oppressed.
3)Cases of Judicial Overreach by the Judiciary in the process of solving socio-economic or environmental problems can take place through the PILs.
4)PIL matters concerning the exploited and disadvantaged groups are pending for many years. Inordinate delays in the disposal of PIL cases may render many leading judgments merely of academic value.
Way Forward –
The greatest contribution of PIL has been to enhance the accountability of the governments towards the human rights of the poor.
The PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community.
However, the Judiciary should be cautious enough in the application of PILs to avoid Judicial Overreach that are violative of the principle of Separation of Power.
Besides, the frivolous PILs with vested interests must be discouraged to keep its workload manageable.