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ANALYSIS OF PUBLIC INTEREST LITIGATION IN INDIAN JUDICIARY

Publications, Research paper

Abstract

In this paper we will discuss the meaning and history of PIL, impact of PIL in India and what is the process to file a PIL, apart from this we are also discuss why PIL (PUBLIC INTEREST LITIGATION) is necessary in modern era means why there is need to using this tools and who is eligible to file the petition in front of the court. How much data do we have we also discussing in this paper regarding PIL petition. Also, we are discussing landmark judgement associated with the PIL ultimately, we will be talking about the whole scenario of PIL, what kind of problem also attach with it how we can resolve.

Keywords – Public Interest litigation, Judiciary, writs, social change, Judicial Activism, Court,

INTRODUCTION 

PIL which stands as “PUBLIC INTEREST LITIGATION “in which any individual can appeal or file case in the court irrespective fact of whether they are they aggrieved party or not it’s not important. The primary purpose of PIL is to safeguard the fundamental and legal rights of Indian citizens at large.

PIL comes from judicial activism. PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially,economically disadvantaged positions. This strategy used by judiciary is to provide justice in a unique way and this also not protect individual but also PIL used for the social change and for promoting social welfare.

The pioneers of PIL in India are Justice P.N. Bhagwati and Justice V.R. Krishna Iyer. PIL aims to protect public interest affected by issues such as pollution, terrorism, road safety, and more.

It acts as a support system for those who are not in the position and are vulnerable to approach the court due to lack of resources, for the redressal of their grievances. It enables society to not only participate in government decision making but also spread awareness about human rights. 

DATA COLLECTION  

In this paper we take the secondary source like new article, research paper, and books references.

HISTORY OF PIL 

The concept of Public Interest Litigation was originally adopted from the United States of America during the mid 1960, applied by Louis Brandeis who uphold the interest of the general public. The Origin of Public Interest Litigation can be traced by to the legal aid movement which took place in the United States of America. In 1876 an organized Legal Aid Movement was established for the poor people; the credit goes to Reginald Heber Smith for taking the first step towards development of Legal Aid. The Second stage was when the organized form of Legal Aid included motivated law firms devoted solely to legal aid programmes. In U.S.A. it is called the ‘Public Interest Law’ whereas in the Indian Subcontinent it is known as ‘Public Interest Litigation’. Before PILs, the traditional concept of locus standi posed a significant hurdle for public interest litigants. Only individuals directly affected by a dispute could approach the courts, leaving out marginalized sections from seeking justice in matters of public importance.

The seeds of the concept of public interest litigation were initially sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai and was initiated inRaihvaiy vs. Union of India, wherein an unregistered association of workers was permitted to institute a writ petition under Article 32 of the Constitution for the redress of common grievances.

In the 1970s, the concept of PIL in India took its first steps with the S.P. Gupta v. Union of India case. The Supreme Court expanded the scope of locus standi, recognizing that any citizen could approach the court to seek enforcement of public duties or constitutional obligations

Till 1960 and 70 courts will take no judicial activism because of the society and situation prevaling at that time but after this period courts will take wider scope and uses the judicial activism to solve the social cause and help the general public who will not come to court due to economic factors.

Justice P.N. Bhagawati articulated the concept of PIL as follows:-
“Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.”

PUBLIC IMPORTANCE MATTER?

  1. Matter of forced Laboure

Forced Laboure means where people getting no money in exchange of their services, in other words they are working under the compulsion of some people.

  1. Abandoned infants

It includes those children who do not have a parent basically orphanage children. These types of children need special care because they are the future so if they face any problem with that it will directly affect both them, as well as society. Suppose if we are not caring them, then they will become criminals which will hamper the society.

  1. Exploitation of casual laborers and non-payment of wages to them (except in individual cases)

Casual Laboure’s are those Laboure’s who is hired by employers for the short-term period or temporary period. labor is usually hired by the hour or day or for the performance of a specific task.

  1. matters relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forests and wildlife,
    petitions from riot victims and other matters of public importance.

This matter basically concerns with environmental issues, as we all know good environment is a must to live long and for human extinction every person is authorized to come to court for the environmental issues on behalf of the community.

WHO CAN FILE PIL?

PIL can be filed by the any individual or organization before the supreme court and high court under article 32 & 226 of Indian constitution , person who is filing PIL is mandatory to prove that matter is very important or for the public at large or for the public interest.Rs.50 court fees per respondent is required to start the PIL.

PROCEDURE TO FILE A PIL

Step 1 – Person who is filing PIL must talk to all stackholder to get their view or concern and also must understand every aspect of issues associate with it.

Step 2– – Person or Petitioner must collect all the necessary evidence to support their contention.

Step 3– This step basically follows the drafting work in which every person or petitioner who is filing the PIL must include court name address of the petitioner ,issues, and lastly what kind of relief they want to take from the court. In law slang we used as prayer.

Step 4- This step said that copy of PIL must also the Respondent.

Step 5- If the petitioner files the PIL in High Court under article 226, he/she must submit two copies of the petition to the court and in the case of the Supreme Court under article 32, the petitioner must submit five copies of the petition to the court.

IMPACT OF PUBLIC INTEREST LITIGATION IN SOCIETY 

PIL had a huge impact on society, but how? That’s the biggest question asked by the many scholars and individuals. 

If we see early days when we got independence, we don’t have this kind of mechanism to solve the public related issues at large segment because people who have any interest only then can file petition or who have locus standi. PIL used to bring about social, economic, and environmental changes. Some of the areas in which PIL has been particularly effective are:

  • ENVIRONMENTAL PROTECTION – In the famous case of M.C. Mehta v. Union of India, the Supreme Court ordered the closure of industries in Delhi that were causing pollution, which gives or leads to central pollution control board in India . Through this PIL leads environmental protection to our nation. Through this also government or individual is bound to take care of our environment. The National Green Tribunal is responsible for all cases for environment related.
  • HUMAN RIGHTS – Through individual or government can’t abridges any human rights of any individual famous case regarding this is People’s Union for Democratic Rights v. Union of India, the Supreme Court ordered that bonded labor be abolished in India.
  • CONSUMER RIGHTS: PIL has been used to protect the rights of consumers in India. In the case of Vishal Jeet v. Union of India, the Supreme Court ordered that manufacturers of soft drinks disclose the contents of their products.

LANDMARK CASES OF PIL AND WHAT IS HELD ON THAT CASE.

  1. M.C. Mehta v/s Union of India – This case was related to the pollution caused by industries in Delhi. The Supreme Court ordered the closure of the industries and the formation of the Central Pollution Control Board.
  1. People’s Union for Democratic Rights v. Union of India– This case was related to bonded labor in India. The Supreme Court ordered that bonded labor be abolished in India and directed the government to take action to prevent it.
  1. Vishal Jeet v. Union of India: This case was related to the disclosure of the contents of soft drinks. The Supreme Court ordered that manufacturers of soft drinks disclose the contents of their products.
  1. Olga Tellis v. Bombay Municipal Corporation: This case was related to the eviction of slum dwellers in Mumbai. The Supreme Court held that the right to livelihood was a fundamental right and ordered that the eviction of slum dwellers be stopped.
  1. Bandhua Mukti Morcha v. Union of India: This case was related to bonded labor in the mining industry. The Supreme Court ordered that bonded labor be abolished in the mining industry and directed the government to take action to prevent it.

DOES NGO HAVE ANY IMPORTANT ASPECT IN PIL PROCESS? OR NOT? 

PIL is a tool where anyone who is not an aggrieved party can file a case on behalf of the aggrieved party. But Can individual have a time to file case who don’t have any interest in that? The answer is no. Because none of them have an interest in helping or raise awareness. For that purpose, NGO comes in picture NGO stands as non-government organization who help people without profit basically they help poor people or such section of the people who don’t have any access to justice or resource.

NGO doing this kind of work through PIL to help marginalized section of people 

  • Identifying issues.
  • Filing PILs
  • Advocacy

Let understand one by one in short 

  1. In the first point NGO they identify the problems which affect large population and work on the affected people or stakeholder, NGOs have been instrumental in identifying issues such as environmental degradation, human rights violations, and corruption.
  1. In second point NGO file PILs on behalf of public at large. PILs filed under article 32&226 of Indian constitution.
  1. NGOs engage in advocacy to promote their PILs. They use various channels such as media, social media, and public meetings to create awareness about the issues raised in their PILs. NGO also organize public protests and demonstrations to pressure government to address the issues. 

AGAINST WHOM PUBLIC INTEREST LITIGATION CAN BE FILED

As we discuss till now history of PIL, Procedure who can file PIL, but we don’t get any answer regarding for whom against we can file PIL? So, answer is that PIL shall we filed against only state. The meaning of state or who will come under purview of state we will next. 

Article 12 of Indian constitution which talks about mainly what is state or who will include under state. 

As per article 12 which states that, in this part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

WRITS 

There are 5 kinds of writs available to petitioner against respondent where court used, these writs are come under the article 32 where supreme court has the power whereas article 226 of Indian constitution high court has the power to issue writs both fundamental rights and constitutional rights.

  • Habeas corpus
  • Mandamus
  • Quo warranto
  • Certiorari 
  • Prohibition 

      Let discuss one by one,

  1. Habeas corpus: This writ basically said that “to produce the body” which this writ is issued when there is an unlawful detain by person for that, the detainee or in that behalf his representative can file the writ Petion to supreme court or high court. In context of PIL anyone can file a petition to the supreme court or high court to get release order from court for their unlawfully detain by someone.
  2. Mandamus : This writ is issued when the public authority is not doing their work which is  given by the law to do , this writ is simply means to “to command” .In the context of PIL this can be issued when the public authority is not doing respective work which is given by the law example , GOI is given a notice to every company to minimize the pollution by 20% but companies is not filling the criteria for that then anyone can file the petition in the court.
  3. Quo warranto: This writ is issued when there is question that arises for “what authority “it simply means to ask question about their existing authority.
  4. Certiorari: Certiorari’ means to ‘certify’. Certiorari is a curative writ. When the Court is of the opinion that a lower court or a tribunal has passed an order which is beyond its powers or committed an error of law then, through the writ of certiorari, it may transfer the case to itself or quash the order passed by the lower court or tribunal
  5. Prohibition: This writ is also the same as certiorari but basic difference is in this proceeding is going on in certiorari order is passed.

PROBLEMS WITH REGARDS TO PIL

  • No one, even the court, can stop the people filing the fake PIL in court, which ultimately overburdens the judiciary for doing their work to provide justice.
  • There is also one critic that lack of judge’s strength as per the data as on 21.03.2023, there is no vacancy of Judges in the Supreme Court. As far as the High Courts are concerned, against the sanctioned strength of 1114 Judges, 785 Judges are working, and 329 posts of Judges are vacant. Against these 329 vacancies, 119 proposals
  • There should be need to increase the size of strength of judges to tackle the problem of lack of manpower.
  • This post analyses the number of Public Interest Litigation (PIL) cases filed before the Supreme Court between 1985 and 2019. It also presents a quantitative comparison of the nature of PILs filed before the Court.
  • A total of 9,23,277 PILs were filed at the Supreme Court between 1985 and 2019. This means that on average, the Court receives 26,379 PILs every year. 
  • This number is very drastic in nature every year 26,379 only PIL is coming what would be disposal ration we can expect.
  • As the CJI once said, access to the Supreme Court had widened “to a point that it is becoming dysfunctional.”
  • Of the 5.9 million (59 lakh) cases pending in the 25 High Courts of India, 42 lakh are civil cases while around 72,000 cases are more than 30 years old.

SUGGESTION 

In light of the increasing number of applications submitted each year, the judiciary faces significant challenges in addressing these matters. It is widely recognized that many Public Interest Litigations (PILs) are filed for the sake of publicity or to gain media attention. To foster good governance and a responsible society, the following measures should be considered based on the current data:

1. Expansion of the Judiciary: Increase the number of judges, ensuring that they are of high quality and capable of handling the growing caseload.

2.Preliminary Verification Department: Establish a department tasked with initial verification of cases to determine their merit, thus preventing the squandering of court time on frivolous matters.

3. Time-Bound Resolution: Implement a time mechanism to set definitive deadlines for the resolution of PILs, ensuring that cases are completed within a fixed timeframe.

4. Dedicated PIL Tribunal: Given the substantial volume of over 26,000 PIL cases filed annually, the creation of a separate tribunal exclusively for PILs could be beneficial. This specialized body would deal solely with PILs, aiding the judiciary in delivering justice both effectively and efficiently.

Conclusion

So by all discussion this is conclusion that public interest litigation is a process to put any public problem in the eyes of law but as it is said that nothing can be fully good so there are some good features then some bad are also their as we have discussed about the misuse of PIL.

Its most important achievement is making sure governments respect the rights of poor people.

Even though Public Interest Litigation (PIL) has created a new legal approach, we need to be careful. It’s important to prevent judges from overstepping their roles and to stop cases that don’t have real issues at heart but are driven by personal gains.

PIL simply not to file a petition to court but also means to fight for justice and for the people who did not have resources in modern time is the great method to raise awareness and point the issue against the authority that, the work you are doing is acceptable to ignore but it needs to debate on that, how we can make this countries people good.

In end we say that PIL is a very important tool for judiciary to maintain a government accountable and also provide way to how we can make this country very marvelous.

Aryan Raghav

Asian Law College, Noida