PUBLIC INTEREST LITIGATION

Injustice Anywhere Is A Threat To Justice Everywhere By

Martin Luther King. JR1
Every human being wants a life of dignity and respect and for it justice is necessary. The
Constitution of India provides us with judiciary which works to safeguard the rights of the
people and provides them justice, but still a large section of illiterate and unaware people cannot
seek it. They in some or the other way get exploited by the greedy minds. As the Supreme Court
acts as the guardian of the fundamental rights and the constitution2, here comes the role of
judicial activism in which the judges actively work for justice through its various decisions. It
even goes outside the boundaries of its jurisdiction also. The workings of judicial activism in
India lead to genesis of public interest litigation (PIL) which in simple terms is litigation for the
public interest. Article 141 and 142 allows the Supreme Court to frame new rules. Public interest
litigation(PIL) is a legal action initiated in a court of law for enforcement of public interest in
which the public or the class of the community have pecuniary interest or some interest by which
legal rights or liabilities are affected3. The most important feature of PIL is that the traditional
rule of locus standi that a person whose right is violated alone can file a petition has been ended
by the Supreme Court in its various judgments. The court now permits PIL by any of the public
spirited citizens for enforcement of constitutional and legal rights. Now any person can approach
the court for public cause by filing petition1. In the supreme court under article-32 of the constitution.
2. In the high court under article-226 of the constitution.
3. In the court of magistrate under section-133 of CR. PC.
1 http://www.brainyquote.com/quotes/quotes/m/martinluth122559.html ( retrieved on 28 Feb. 2014)
2 Article-32 of Indian Constitution
3 Blacks law dictionary

In India the concept of PIL was firstly initiated by Justice Krishna Iyer in the year 1976 in
Mumbai Kamgar Sabha vs. Abdullabhai4. The full scope of PIL enumerated by Justice P.N.
Bhagwati in S.P. Gupta vs. President of India 5. He observed that any member of the public
having sufficient interest can maintain an action for judicial redress for public injury arising from
breach of public duty or from violation of some provision of the constitution or law and seek
enforcement of such public duty and observance of such constitutional or legal provision. This is
also expedient for maintaining the rule of law furthering the cause of justice and accelerating the
pace of the pace of realization of the constitutional objective law 6. In several cases the courts
have made clear the definition and scope of PIL in its various decisions.

Journey Of Public Interest Litigation In India

The introduction of public interest litigation has brought a revolution in the judicial process. It
has brought justice to the weaker sections of the society and it is not confined to fundamental
rights only but has done away legal wrong or injury also.
The Supreme Court through PIL has given many landmark judgments on environmental
pollution, prisoners, unorganized workers, bonded labours ,pavement dwellers, personal liberty
and violence on women etc. some of the landmark cases areIn MC Mehta Vs State of Tamil Nadu 7 it was held that children cannot be employed in match
factories as it comes in the category of hazardous employment.

4 AIR 1976 SC 1455(Para 7)

5 AIR 1982 SC 149
6 Madhsudan Saharay, PIL And Human Rights In India, pg.9
7 AIR 1991 SC 417

In NHRC vs. State of Andhra Pradesh 8 the Supreme Court held that every citizen or non citizen
is entitled to the right of life and personal liberty guaranteed by article 21.
In Union for Civil Liberties vs. Union of India 9 the court held that if case of fake encounter is
proved then the state may be directed to pay compensation and in such cases the doctrine of
sovereign immunity does not apply.
Then in MC Mehta vs. Union of India

10

the court held that under article 32 compensation can be

given for violation of fundamental rights. Now the recently the cases of 2g spectrum and
common wealth scam were initiated by PIL only and on 2 nd Feb. 2012 the supreme court
cancelled 122 2G licenses distributed by government in 2008 to different telecom companies.
Similarly in Noida land acquisition case the Supreme Court cancelled the acquisition of land by
the Uttar Pradesh government.
Since its inception only Supreme Court by PIL has given relief to the society through its various
judgments. However it is not necessary that all the PILs are accepted by the courts. PIL will not
lie in respect of legislative or government policy matters 11. Similarly in Raghavan Nair Vs Union
of India

12

it was held that PIL will not be accepted if the petitioner is not fighting a case

beneficial to probeno public.

Even after so many credits PIL is severally criticized. It is argued that it has generated lack of
avowed thrust that citizens whose life may be affected have a right to participate in the
formulation of those policies. Lawyers argue that much of the courts time is spent in PILs then
in genuine cases. And now when our courts are already flooded with lakhs of pending cases
whats the purpose of creating a parallel judicial mechanism. Through PIL the judiciary is
8 AIR 1996 SC 1234
9 AIR 1997 SC 1203
10 AIR 1987 SC 1086
11 Maharishi Awadhesh Vs U.O.I. (1994) 1 supp SCC 713
12 AIR 1996 KER. 193

interfering in the executive. Now PIL has also become a platform for publicity as people have
started filing it on certain pity issues. It is also argued that it may encourage undesirable litigation
with ulterior motive and people will use it for personal gain or private profit or political
motivation.
The honble chief justice of Supreme Court Mr. J.S. Verma viewed that it is necessary to avoid
misuse of PIL rather than criticizing the process. Any attempt to curb it would be to throw body
with bath water. It is primarily for the courts which devised this procedure to practice self
restraint and to also devise proper checks and balance to ensure that even persons who want to
misuse it are not able to do so 13.Some young lawyers have taken up PIL in missionary spirit. It is
now on way to be institutionalized because unlike in America there are no PIL law firms.

Important case laws:

Protection of ecology and environment pollution: The efforts of the Apex court in
environment pollution control through PIL is indeed laudable, particularly when the legislature is
lagging behind in bridging the lacuna in the existing legal system and administration is not well
equipped to meet the challenge.
In Shriram food and fertilizer case [M.C Mehta v/s Union of India 14] the Supreme court at
the instance of a PIL, directed the company manufacturing hazardous and lethal chemicals and
gases posing danger to health and life of workmen and people living in its neighbourhood, to
take all necessary safety measures before reopening the plant.
In another case of M.C Mehta v/s UOI i.e. pollution of Taj Mahal15 ,the petitioner through
PIL tried to draw the attention of the court towards the degradation of the Taj Mahal due to the
atmosphere pollution caused by a number of foundries ,chemically hazardous industries
established and functioning around the Taj Mahal .Mr. Justice Kuldip Singh better known as
green judge for his decisions on pollution ,held that the 292 polluting industries locally operating
13 Madhsudan Saharay, PIL And Human Rights In India, Pg. 89
14 1986 2 SCC 176
15 AIR 1997 SC 735

in the area are the main source of pollution and directed them to change over within fixed time
schedule to natural gas as industrial fuel and if they could not do so they must stop functioning
beyond 31st Dec 1997 and be reallocated alternative plots in the industrial estate outside Taj
Trapezium.
In Indian council for Enviro-Legal Action v/s UOI16the Supreme court has held that if by the
action of private corporate bodies a persons fundamental right is violated the court would not
accept the argument that it is not state within the meaning of Art.12 and therefore, action cannot
be taken against it. If the court finds that the Government or authorities concerned have not taken
the action required of them by law and this has resulted in violation of the right to life of the
citizens, it will be the duty of the court to intervene. In this case an environmentalist organization
filed a writ petition under Art.32 before the court complaining the plight of people living in the
vicinity of chemical industrial plants in India and requesting for appropriate remedial measures.
Bonded labourers
In people union for Democratic Rights v/Union of India i.e. Asiad case 17 the court has held
that the state is bound to ensure the observance of the labour legislation enacted for securing the
workmen a life of human dignity and inaction on part of state in implementation of such
legislation would amount to denial of the right to live with human dignity enshrined in Art 21.
Protection against inhuman treatment in jail.
In Sunil Batra v/s Delhi Administration18 it has been held that the writ of habeas corpus can be
issued not only for releasing a person from illegal detention but also protecting prisoners from
inhuman and barbarous treatment.
Whenever the rights of a prisoner either under constitution or under other laws are violated the
writ power of the court can run and should run to rescue, declared Krishna Iyer, J inVeena Sethi
16 1996 3 SCC 212
17 AIR 1982 SC 1473
18 AIR 1980 SC 1759

v/s State Of Bihar19 the court was informed through a letter that some prisoners ,who were
insane at the time of trial but subsequently declared sane, were not released due to inaction of
state authorities and had to remain in jails from 20 to 30 years. The court directed that they be
released forthwith.
Sexual harassment of working women: violative of Art 14 and 21.
In case of Vishkha V/s state of Rajasthan 20,the SC has made it clear that the sexual harassment
of working women amounts to violation of right of gender equality and right to life and personal
liberty. As a logical consequence it also amounts to the violation of right to practice any
profession, occupation or trade. The SC laid down certain guidelines to be observed at all work
place or other institutions until legislation is enacted for the purpose. These guidelines would be
treated as the law declared by SC under Art 141. This case law provided relief to millions of
working women who were compelled to remain silent at their working place even though they
face sexual comment, harassment etc. In fact this case fills the lacuna in law to deal with this
kind of problem facing by working women at their working place.
Ban on smoking in public places:
In a significant judgment the SC has directed all states and union territories to immediately issue
orders banning smoking in public places and public transports, including railways. The centre
has introduced an anti smoking bill in the parliament.
Professional ethics and medical men
In a significant judgment in Parmanand Katara v/s Union of India21 the Supreme Court has
held that it is a paramount obligation of every member of medical profession(private or
government) to give medical aid to every injured citizen brought for treatment immediately
without waiting for procedural formalities to be completed in order to avoid negligent death.
19 AIR 1983 SC 339
20 AIR 1997 SC 3011
21 AIR 1989 SC 2039

Child Welfare:
In M.C Mehta v/s State of Tamilnadu 22 it has been held that the children cant be employed in
match factories which are directly connected with the manufacturing process as it is a hazardous
employment within the meaning of employment of children Act 1938.They can however be
employed in place of manufacture to avoid exposure to accidents. Every child must be insured
for a sum of five thousands and premium to be paid by employer as a condition of service.
In Lakshmi Kant Pandey v/sUnion Of India 23 a writ petition was filed on the basis of a letter
complaining of malpractices indulged by social organization and voluntary agencies engaged in
the work of offering Indian children in adoption to foreign parents. Bhagwati J (as he then was)
laid down principles and norms which should be followed in determining whether a child should
be allowed to be adopted by foreign parents with object of ensuring the welfare of the child .His
lordship directed the government and various agencies dealing with the matter to follow these
principles in such cases as it is their constitutional obligation under Art 15(3)and 39(c)and (f) to
ensure the welfare of child.
Right to life and personal liberty available to non-citizen:
In the case of National Human Rights Commission v/s State of Arunachal Pradesh24 the
Supreme Court held that every citizen or non-citizen is entitled to the right of life and personal
liberty guaranteed by Art21.
Fake encounter:
In Union for Civil Liberties v/s Union Of India 25 , the court has held that the fake encounter by
the police is violative of Art21.If it is proved that the person has been killed by the police in fake

22 AIR 1991 SC 417

23 1984 2 SCC 244
24 AIR 1996 SC 1234
25 AIR 1997 SC 1203

encounter, the state may be directed to pay compensation and in such cases the doctrine of
sovereign immunity does not apply.
Power to award compensation under Art 32:
In M.C Mehta v/s Union of India26 , the Supreme Court has held that the scope of Art 32 is
wide enough to include the power to grant compensation for violation of fundamental rights.

Future of public interest litigation

Even though PIL is severely criticized its merits cant be ignored. It has brought a revolution in
the judicial process. No one would suggest to abolish this strategy which the courts have
innovated to reach the justice to the deprived section of the society. It has succeeded in gaining
trust of the society and people have lots of hope with it.
But still to make it better certain new things can be adoptedIt should not be allowed to degenerate into private publicity or political or paisa interest
litigation. It must be used by the courts carefully, prudently and without discrimination. It should
not be allowed to interfere in normal working of the Supreme Court or the High Court and
separate branch or some special tribunals should be created for its functioning. It will be much
better that some legislation is passed in this regard but as it has been seen that lack of political
will is spread in our country. And even societys trust will be lost as they believe more on the
judges and have got lots of hope from the judicial activism.
Even though the procedure of filing a PIL is too easy and the honble Supreme Court has even
accepted post card also and treated it as PIL. But still the concept is vague and clear procedure
needs to be laid down as to what kind of issues could be really treated as a PIL. And it will also
serve the purpose of petitions on pity issues.
In BALCO Employees Union Vs Union of India 27 it was held that the administrative powers
cannot be challenged in PIL unless there is violation of article 21 and person are unable to
26 AIR 1987 SC 1086

approach court. Then in State Of Uttaranchal Vs Balwant Singh Chufal And Others 28 certain
guidelines were framed by the Supreme Court which are as under:
(1)The courts must encourage genuine and bonafide PIL and effectively discourage and curb PIL
filed for extraneous considerations.
(2)Instead of every individual Judge devising his own procedure for dealing with PIL, it is
appropriate for each High Court to properly formulate rules for encouraging genuine PIL and
discouraging PIL filed with oblique motives.
(3)The courts should be prima facie verify the credentials of the petitioner before entertaining a
PIL.
(4)The court should be prima facie satisfied regarding the correctness of contents of the petition
before entertaining a PIL.
(5)The courts should be fully satisfied that substantial public interest is involved before
entertaining the petition.
(6)The court should ensure that petition which involves larger public interest, gravity and
urgency must be given priority over other petitions.
(7)The courts before entertaining PIL should ensure that PIL is aimed at redressal of genuine
public harm or public injury. The court should also ensure that there is no personal gain, private
motive or oblique motive behind filing PIL.
(8)The courts should also ensure that petitions filed by busybodies for extraneous and ulterior
motives must be discouraged by imposing exemplary costs or by adopting similar novel methods
to curb frivolous petitions and petition filed for extraneous considerations.
SThrough its judgments the Supreme Court from time to time has redefined the definition of PIL
and done away with problems. So in future also through judicial activism the judges will actively
participate in making PIL a success and all the hurdles will be removed.
27 (2002) 2 SCC 333
28 (2010) 3 SCC 402

It is to be understood that PIL is a very important mechanism to provide justice to the mass of
illiterate, downtrodden and exploited persons in our country. So it will be really wrong to take
away this weapon from them.
It should be aimed to make it more clear and up to the reach of every section of the society. The
volunteer, NGOS and law firms should actively use this weapon for the betterment of the
society. That day is not far when PIL will bring a revolutionary change in the society as it had
being doing so in different fields.