Theoretical overview
Public interest litigation originated in the 1980s with the aim of providing access to justice to underprivileged and marginalized sections of society, granting a voice to those unable to approach courts due to poverty, illiteracy or lack of awareness. Public interest litigation in India serves as a legal mechanism empowering individuals and organizations to file lawsuits on behalf of public interest. Its purpose is to allow citizens to seek judicial intervention in addressing matters of public significance and safeguarding fundamental rights enshrined in Indian constitutional. PIL can be filed in various courts across India including the supreme court, high courts and even district courts as long as the case involves a substantial question of public importance.
Any person or organization can file PIL in India on behalf of public interest. It includes social activists, NGO’s, lawyers and concerned citizens. It follows a distinct procedure from the traditional litigation, which relaxed procedural requirements to facilitate easier access to justice. Petitioners can file writ petitions directly before the relevant court, bypassing the usual process of engaging a lawyer to file a suit.
Cases of PIL in India encompasses a wide range of issues including environmental protection, human right violence, corruption, gender equality, public health and more. PIL has played a crucial role in fostering judicial activism in India. PIL has garnered both praise and criticism in India. While it has played a crucial role in addressing systematic issues and delivering justice to marginalized groups, critics argue that it can be misused for personal or political agendas, potentially leading to judicial overreach.
Under article 32 of the constitution, a PIL is filed in the supreme court by an individual or a group of people if one or more of their fundamental rights are violated and their desire to bring about legal redress for them.
Relevant articles
Article 32.– Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
Important case laws
- M. C. Mehta & Another v. Union of India & Others AIR 1987 SC 1086– This PIL was filed after the oleum gas leak from Shriram Food and Fertilisers Ltd. complex at Delhi. The Court laid down the concept of absolute liability.
- Hussainara Khatoon & Others v. Home Secretary, State of Bihar, Patna AIR 1979 SC 1369– Free legal services to the poor and the needy is an essential element of any ‘reasonable fair and just’ procedure. A prisoner has to seek his liberation through the court’s process, and thus, should have legal services available to him.
- Vishaka & Others v. State of Rajasthan & Others (1997) 6 SCC 241– The Court laid down guidelines and norms to be observed to prevent sexual harassment of working women. The judgment led to enactment of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Subhash Kumar v. State of Bihar and Others AIR 1991 SC 420- Right to life under Article 21 includes right to clean environment.
Points to remember
- Public interest litigation in India serves as a legal mechanism empowering individuals and organizations to file lawsuits on behalf of public interest
- Any person or organization can file PIL in India on behalf of public interest. It includes social activists, NGO’s, lawyers and concerned citizens.
- Cases of PIL in India encompasses a wide range of issues including environmental protection, human right violence, corruption, gender equality, public health and more
- Under article 32 of the constitution, a PIL is filed in the supreme court by an individual or a group of people if one or more of their fundamental rights are violated and their desire to bring about legal redress for them
- Petitioners can file writ petitions directly before the relevant court, bypassing the usual process of engaging a lawyer to file a suit.