Syllabus: GS2/Polity and Governance
Context
- The Supreme Court judge has said Public Interest Litigation (PIL), has lately metamorphosed into ‘private interest litigation’, ‘publicity interest litigation’ and even ‘paisa’ and ‘political’ interest litigation.
Public Interest Litigation (PIL)
- Public Interest Litigation (PIL) means a case or petition filed before a court to protect, safeguard or enforce public interest.
- It is a unique mechanism initiated by the Indian judiciary post-Emergency to “bring social justice within the reach of the common man”,.
- PIL is not explicitly mentioned in the Constitution but has evolved through judicial interpretation.
- All Indian citizens or organisations can file a public interest litigation petition before the Supreme Court under Article 32 or the High Courts under Article 226 of the Constitution.
- However, the person or organisation filing the PIL petition must prove to the court that the PIL is being filed for an issue concerning public interest and that it will benefit the public at large.
- A PIL can only be filed against the Central Government, municipal governments or State Government and not against individuals.
Some Landmark Judgements in India
- Hussainara Khatoon vs. State of Bihar case: This case was the first reported instance of PIL in India, which brought attention to the issue of inhuman conditions of prisoners and undertrial prisoners.
- Vishaka vs. State of Rajasthan: This case is related to the issue of sexual harassment in the workplace. As a result, the Vishaka Guidelines came into effect, published in 1997.
- M.C. Mehta vs. Union of India: This case is related to pollution in the Ganges basin. Directions were given to prevent the consequences of water and air pollution on millions of people in the Ganga basin.
- Parmanand Katara vs. Union of India: This case was filed to facilitate hospitals to handle emergency accident cases without concern for pending police investigations.
- The judgment made it obligatory for a hospital or doctor, public and private, to provide immediate medical aid to a road accident victim.
Significance of Public Interest Litigation
- It ensures that public bodies are accountable by acting reasonably within the limits of their powers and ensures they make precise choices.
- It expands the scope of law by helping the judges to understand legislation and develop laws.
- It helps to focus attention on broader public issues in the areas of consumer welfare, environment and human rights.
- It gives weak people a voice by emphasising a significant issue and gives them a platform to advocate their rights.
- It also helps raise awareness of critical public problems through media coverage and debates.
Concerns related to Public Interest Litigation
- The Indian Judiciary is already burdened with a heavy caseload due to pending cases, and PIL petitions may add to that burden.
- Petitions without a significant public issue can waste the courts’ time.
- Sometimes, PIL may be abused by individuals pushing for personal grievances instead of championing public causes, and thus, public interest litigation may become private interest litigation.
- The lack of effective implementation of court judgments is a significant issue hindering successful PIL implementation.
- Sometimes, PILs may lead to Judicial Overreach, i.e. courts entering the domain of the legislative and executive branches of government.
Conclusion
- Public Interest Litigation (PIL) in India is a powerful tool to protect and safeguard public interest matters.
- It has transformed the Indian judiciary into a proactive institution for social justice, but its effectiveness depends on responsible use.
Source: TH
