ABSTRACT
we really suppose money is that important for justice.? What if the person who is not affluent or any type of Knowledge regarding laws who’s going to represent them also.?
What if people are at large progeny affected by commodity.? Who’s going to help them to get Justice.?
For the answer to all these questions .The Indian bar system espoused the term public interest action.
This exploration paper explores the conception of public interest action( PIL) in India and its profound impact on promoting social justice, good governance, and the protection of abecedarian rights. This exploration paper also throws a significant light on the process of filing a PIL, writes, and shows us who can take the advantage of PIL to get their due justice. The paper provides an overview of the literal background of PIL, its legal frame and the evaluation of PIL justice. It also analyzes the characteristics, advantages, and the challenges associated with PIL. The paper examines the corner PIL cases which contribute in shaping Indian law and society. On the behalf of this study it’s concluded that the PIL could achieve that ideal which may not be possible through private action. PIL offers a graduation to justice to disadvantaged sections of society, provides an occasion to apply collaborative rights and enables the civil society to share in government decision timber. still the Indian PIL gests the colorful failings and limitations which act as a hedge in proper perpetration of this conception. The exploration concludes by agitating the unborn prospects and implicit reforms to enhance the efficacy and availability of a PIL in India.
KEY WORDS
Public interest litigation, PIL, Writs, social action litigation, SAL, Social Justice
INTRODUCTION
Social backwardNess and illiteracy covers the major portion of Indian population this will lead to lack of awareness among the people regarding their rights which will eventually lead to lack of justice
among them additionally the ancient rule of locus standi came to an end and the concept PIL came to existence.
PIL the term public interest litigation is mainly composed of two words , public interest means an expression in which general public at large has some interest by which there legal rights and liabilities are effected the word ,litigation on the other hand means the legal action including all the legal proceedings initiated in a court of law with the purpose of enforcing a right or seeking a remedy. Hence the expression of PIL denotes a legal action initiated in a court of law for the enforcement of public interest where the rights of an individual or group have been violated.
This term originated in the United States back in the mid 1980s. In the 19th century there was various movements which led to public interest law being a parts of legal aid movement being established in the new york city in 1876.When the PIL movement began to receive financial support from the office of economic opportunity it act as a motivation for the lawyer’s and public spirited person to came forward and fight against the danger to environment and public health for the underprivileged and weaker sections.
Talking about England, PIL marks its history during the year of lord denning in the 1970s who as a petitioner brought several issues to the court.
If we talk about India Justice V.R. Krishna and justice P.N. Bhagwati was known as the pioneers of public interest litigation in India. In 1981 justice P.N bhagwati articulated the concept of PIL as ” where a legal wrong or legal injuries caused to a person or a class of person by reason of violation of their constitutional rights or any burden is imposed in contravention of any constitutional or legal provisions or without authority of law and such person by reason of poverty, helplessness, disability or socially, economically disadvantaged person enables to approach court for relief any member of public can maintain an application under article 226 of high court and under article 32 of supreme court seeking judicial redressal for injury cause to such person or class of person “
The seeds for the public interest litigation were down back in the 1960’s in Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai [1] where Mumbai kangar sabha one association of workers filed the petition against the organization which stopped giving bonuses to its workers. Pioneer of pil justice Krishna iyer held that matter affected a large number of people so the union was eligible to file the litigation for the same.it was first time in history of Indian judicial system where the concept of locus standi was relaxed
In Hussainara Khatoon & Ors v. Home Secretary, Bihar[2] kapila hingorani known as mother of public interest litigation first time filed the litigation on behalf newspaper article published about the conditions of undertrials prisoners at the name of one of the undertrial prisoner Hussain Ara khatton and court asked for the list of those undertrials prisoners and give judgement on their favor.
Pil proved a great tool for those persons who can’t afford justice and made them believe and increase their faith in the Indian judicial system .Also with the help of public interest litigation only courts became more active in its functions as they can act suo moto on any matter which is important for public at large. Public interest litigation also helped a lot in resolving the most common problem – the problem of the environment. Mc Mehta, father of environment jurisprudence filed so much litigation on the environment and protects the environment from getting depleted.
RESEARCH METHODOLOGY
Being descriptive in nature this research paper is grounded on secondary sources for examining the different facets and procedures of public interest litigation . Secondary sources of information like journals, and websites are used for exploration.
REVIEW OF LITERATURE
In a book Public Interest Litigation in India A Renaissance in Social Justice’ by Mamta Rao she defined public interest action an important tool for throwing back the rigid conception of standing proved to be an handicap in achieving the great ideals of socio- profitable justice.It was essential to strengthen the weak section of society and this way it could be an instrument of distributive justice.[3]
Cast action suits and public interest litigation
It is a common myth among people that public interest litigation is borrowed from American jurisprudence as many many provisions of the Indian constitution are borrowed from the American system.But its not true as public interest litigation and class actions suits are two different concepts . Both are same in the context of common interests; however PIL can be filed by any other person on behalf of aggrieved person but under class action suits ,one person amongst all the aggrieved with the permission of court can file the suit.[4]
JUDICIAL ACTIVISM AND PUBLIC INTEREST LITIGATION
Judicial activism in India implies the authority of the supreme court and high court but not the subordinate courts to declare the regulations unconstitutional and void , if that provision breach and violates basic structure of Indian constitution.so basically judicial activism means the more active role of judiciary taken by judiciary to promote judiciary. There is not such a constitutional article to support this idea of judicial activism and support its origin, but the Indian judiciary itself invented it out of the need of bringing equal justice to everyone and promoting social justice. Suo moto, public interest litigation or pro bono publico have allowed the judiciary to intervene in many areas of public issues where the concerned party did not file any complaint and the judiciary themselves took the case. First major case of judicial activism through PIL was the Bihar undertrials case. [5] ,in 1980’s petition by some professors of law revealing the barbaric conditions of detenue in Agra protection home , followed by a case against Delhi woman home which was filed by Delhi law faculty students and social workers.
WRITS- ARTICLE 32 AND 226 OF THE INDIAN CONSTITUTION
A writ solicitation filed by the displeased person, whether on behalf of
group or together with a group can be treated as a Public Interest Action only if-
· The writ solicitation should involve a question, which affects public
at large or group of people, and not a single existent.
· Only the affected/ displeased person can file a writ solicitation.
· There should be a specific prayer, asking the court to direct the
state Authorities to take note of the complaint/ allegatioN Public Interest Action can be filed before the Supreme Court under
Composition 32 of the Constitution or before the High Court of a State
under Composition 226 of the Constitution under their separate Writ authorities
There are substantially five types of Writs –(i) Writ of Habeas
Corpus,( ii) Writ of Mandamus,( iii) Writ of Quo- Warranto, (iv) writ of prohibition and (v) writ of certiorari
Writ of habeas corpus
It literally means to have the body. This writ is in the nature of Calling upon the person who detained the other person to produce the ultimate in court so the court get to know the grounds on which that person has been detained and also set that person free if there’s no legal defense of his or her detention. this writ is an effective measure to give quick remedy to a person who has been a victim of unlawful detention.
Writ of mandamus
Mandamus means command. This writ is filed by the superior court to command the lower or inferior courts to perform its function which is authorizations for the authority to perform. This writ can also be issued against any government office as well. occasionally if a person suffers because of not doing the work duly by the government office they can go for this writ in the high court and supreme court.
Writ of quo warranto
In the nonfictional sense quo warranto means’ by what authority or leave’ this writ has been issued by the court to interrogate by what authority a person is holding any office. so when they get to know that person holding any office isn’t entitled for the same, this writ has been issued.
Writ of prohibition
In simple terms prohibition means to stop someone from doing something. Writ of prohibition also prohibits the lower court or any inferior courts to go beyond its governance and do any work. It means this writ is issued when the court finds out that the lower court has been stepping out of its governance.
Writ of certiorari
The nonfictional meaning of certiorari is’ to be certified’ This writ is issued by the supreme court or high court to quash the judgement given by inferior courts and also to order them to transfer the court pending in their courts.
PROCEDURE- AN ANALYSIS
Who can file a PIL
Pil can be filed by any displeased person and by any other person on behalf of the displeased person. A person, group or any organisation can file the pil, but it should be for public good and there shouldn’t be any element of private gain.
Indeed the courts also can take suo moto cognizance over similar matter which they suppose cover the problem of population at large.
How can PIL be filed
1- exploration work– If the third person wants to file pil on some social issues they need to do proper exploration work regarding the issue. This will help for further procedure of the case. Also pleaders need to consult all the individuals and groups which are affected.
2- Collection of documents and substantiations– Like all the other cases before filing PIL having proper substantiations and documents to prove the same must be available. One can appoint a counsel or indeed argue the case on their own.
3 preparation It’s always judicious to consult a counsel before filing the PIL. If you’re interested in arguing the case on your own, also be prepared to explain the problem and time you have been distributed.
4 Form pil dupe-
Once the train PIL dupe is ready to be filed in the High Court, also submit two clones of the solicitation to the court. Along with this, one dupe of the solicitation needs to be served to the repliers in advance.This evidence of serving the solicitation dupe to the repliers has to be fixed in the solicitation.
Five clones of the solicitation needs to be submitted to the court, If the PIL is filed in the Supreme court . Replier is served with the solicitation dupe when the court issues the notice regarding the same.
SOCIAL ACTION LITIGATION
PIL and social action litigation both are the same in one context but slightly different from one another. Social action litigation specifically deals with social problems while PIL being wider in term deals all areas for litigation. Alike PIL social action litigation also demolished the local standi rule having the same procedure as PIL. Addressing social issues becomes social action litigation as in the Indian context we use it for social issues.
Social action litigation is a strategy evolved by the supreme court to give social justice to poor, disadvantaged , socially backward classes and handicapped masses in our country. these people have to bear with social injustice due to there illiteracy, ignorance, and unawareness of their rights and acute poverty just like the western societies this strategy evolved by the court is known as PIL only but professor upendra baxi an eminent jurist prefers to call it as social action litigation for following reasons
1- the Indian model of PIL concerns itself with disadvantage and vulnerable groups and its main focus is to resolve problems of disadvantage in the quest for distributive justice.
2- the problem of SAL on the expose of exploitation of the disadvantage and deprivation of their rights by administrative authorises seeks to ensure that authorities of states fulfill the obligations of law under which they exist and function.
DIMENSIONS OF PIL/ SAL
1.Bonded laborers
2. Prisoners justice
3. Right to life
4. Environmental jurisprudence
5. Concept of legal aid
6. Justice to women and children
7. Compensatory jurisprudence
These are the different dimensions of PIL which has been developed in recent times in India
LANDMARK JUDGEMENTS
Prisoners’ justice
DK Basu v. State of West Bengal
This case deals with custodial deaths. In this case the court acted on the letter written by the chairman of legal aid services. This letter marks the increasing instances of custodial deaths in West Bengal. The Supreme court had observed that law does not permit use of the 3rd degree method of the accused during interrogation.[5]
environment jurisprudence
Church of gods case
In this case the supreme court held that no religion prescribes that prayers should be offered by disturbing the peace of others by using an amplifier or by beating drums. And the practice of the same should be avoided.[6]
Article 21
Olga tellis v Bombay municipal corporation
In this case Bombay High court wide the concept of article 21 which also includes right to livelihood. eviction of person from the pavement deprives the person of a means of livelihood and would result in deprivation of life and personal liberty.[7]
compensatory jurisprudence
Bhim Singh v state of J&K
Bhim Singh the MLA was prevented from attending a session of legislative assembly due to illegal detention. He got arrested on his way. The court awarded him compensation as his arrest was found to be malicious. [8]
Justice to women and children
Gaurav Jain v. Union of India
In this case guidelines were issued by the apex court for rescue and rehabilitation of child of prostitutes and children of fallen women.[9]
ADVANTAGES OF PUBLIC INTEREST LITIGATION
Voice to the voiceless – public interest litigation has proved to act as voice for the voiceless. It helped them to come forward and raise their vice against wrong which has been to them since so long and provide social justice.
Relaxation of locus standi – a locus standi rule which only allows the aggrieved person to stand in the court and address its case has now been relaxed through the instrument of public interest litigation. This allows any interest group to come forward and fight for them.
Judicial activism – the concept of PIL also increased the role of judiciary in the Indian system for providing social justice to all and look at the laws made by the legislature if one violates the fundamental rights and human rights. This increases the power of the judiciary among the three pillars of the Indian system.
More flexible procedure – PIL work on the motive of providing more flexible procedure and less court fees so that poor get motivated to come forward and file the pil against wrong which has been done to them.
DISADVANTAGES OF PUBLIC INTEREST LITIGATION
Judicial overreach– sometimes judiciary step out of their jurisdiction in matters of pil and have been criticised on the same. They gave decisions on the pil which fell out of their jurisdiction.
Political ends– many instances are present in the history of pil. Where it has been used by political parties to meet their political ends. For eg to prove the opposition party’s scheme wrong they file pil against the same . So pil has been used more for these reasons instead of real need that is social justice.
Publicity interest litigation – publicity interest litigation common term nowadays where pil has been filed by different parties to gain publicity only.
Pil filed by juhi chawla stating that 5g network is harmful for humans as well as the environment ecosystem has been proved as a publicity stunt by Delhi High court [10]
The problem of competing rights– sometimes pil actions give rise to the problem of competing rights . For instance when a court orders the closure of polluting industries, the interest of its workers and their families may not be taken into consideration as they get deprived of their livelihood .
Increase burden on judiciary – This concept of PIL also increased the burden on judiciary as in large numbers pil has been filed and many of them are frivolous leading to wastage of time of court .
Suggestions
To make this instrument work more efficiently , its misuse should be minimized or if possible should be eliminated the following methods should be helpful in making this instrument more reliable.
- Before allowing any pil in court , a proper examination should be done to see if its for public good or just a publicity stunt.
- Some minimum amount should be made to deposit before filing PIL and if the PIL proved to be for public good the same should be returned back .
- Socially backward people should be given more education regarding this concept by arranging seminars for the same in the rural areas
- Preference should be given to those cases which affect the public at large like environment related issues.
Conclusion
Social justice can’t be denied at any cost. People are the real essence of any country. If they don’t feel like getting justice there is no point in having a large number of legislatures and laws. Public interest litigation proved out to be the catalyst for social justice in India. It not only enables the poor and disadvantaged person to get justice but also looks up those matters which may be hidden from the people only. And its flexible procedure allows the public to actively participate in the same . But this also proved to be a problem as it increased the cases related to PIL as people started filing frivolous and fake complaints for the sake of publicity only. So it’s important for the judiciary to look at the matters carefully before allowing the same in the court.
NGO’S , organizations, lawyers are actively participating in making a good society by filing PIL which are socially important. But citizens also need to be vigilant about their rights so that they don’t get exploited by the hands of plutocrats.
DRISHTI
GURU NANAK DEV UNIVERSITY , AMRITSAR
[1] Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai [ 1976 AIR 1455, 1976 SCR (3) 591]
[2] Hussainara Khatoon & Ors v. Home Secretary, Bihar [1979 AIR 1369, 1979 SCR (3) 532].
[3] Jayasurya, Gautam, Book Review: ‘Public Interest Litigation in India: A Renaissance in Social Justice’ by Mamta Rao (December 19, 2008).https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1627065
[4] Pandya, Khushi, Public Interest Litigation – Important Pillar for Rule of Law: Indian Perspective (January 24, 2022). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4016063
[5] DK Basu V. State Of West Bengal [AIR 1997 SC 610].
[6] Church Of God Case(Full Gospel) In India v. K.K.R. Majestic Colony Welfare Association And Others [ AIR 2000 SC 2773].
[7] Olga Tellis v. Bombay Municipal Corporation [1986 AIR 180 ,1985 SCR Supl. (2 )51.
[8] Shri Bhim Singh MLA V. State Of Jammu And Kashmir[AIR 1986 SC 494].
[9] Gaurav Jain V. Union Of India And Others[AIR 1997 SCC 114].
[10] Delhi high court says juhi chawla lawsuit against 5g technology filed only for media publicity. (2021, June 2). The Hindustan Times.https://www.hindustantimes.com/cities/delhi-news/delhi-high-court-says-juhi-chawla-s-lawsuit-against-5g-technology-filed-only-for-media-publicity-101622643303250.html